Superior Court of California, County of Orange SMALL CLAIMS COURT
www.occourts.org
HOW TO FILE A SMALL CLAIMS CASE
1. 2. 3. Inform ation fo r the Pla intiff. Rea d this b efore filing you r claim . Venue Table. Dete rmine the righ t cour t locatio n to file your cla im. Plain tiff’s Statement: Comp lete and sig n this form. The clerk w ill transfe r this inf orma tion to yo ur claim . You will need the following information: Personal Information: Your n ame , add ress a nd te lepho ne n umb er. If you are filing as a business, you may a lso ne ed to complete the Fictitious Business Name Declaration on Page 2 of th e Pla intiff’s S tatem ent. Defendant Information: Correct name, address and telephone number of the party you are suing. An incorrect name could prevent you from collecting on any judgment. Be sure to do your re sear ch be fore yo u file you r claim . < The amount of money you are requesting. < A shor t description of your claim and the date of occurrence. < If defendant is in the Military, you must name the defendant(s) on Line #9. Serving Defen dant. The defendant must be given a copy of you r claim . Proof of Service must be filed with the clerk’s o ffice at least thre e court d ays prior to yo ur hearing date or your case may be dismissed on the day of the hearing. Additional service information can be found on the “Information for the Plaintiff” form. < Corporations. If you are suing a corporation, you will need to locate the name and address of the agent for service. You may obtain this information from the California Secretary of Sta te at: www.ss.ca.gov Be p repa red to show proo f at you r hea ring th at the corre ct age nt for s ervice was serve d. Certified Mail State men t. The fee is $8.0 0 for e ach p arty serv ed. C ertified mail can only be done by the cour t. You s hou ld be a ware that ce rtified m ail is the least effective method of service and you may have to try ano ther m etho d if the certifie d ma il is not claimed by the addressee. You will not receive a refund of the fee and in mo st circu msta nces your ca se ca nno t be re set un til after the hearing date. The Cou rt doe s not d o a m ail trace r for ce rtified m ail.
4.
<
5.
Finishing. Submit your signed and completed Plaintiff’s Statement and the correct filing fee to the court address found in the Venue Table. Make checks payable to: Clerk o f the Co urt Current filing fees are: $22.00 per claim. $66.00 per claim, if you have filed more than 12 cases within the past 12 months. Add itiona l inform ation . < Cas es ar e set f or trial on the firs t availa ble he aring date in acc orda nce w ith the la w. < Include a self-addressed, stamped, legal size envelope for documents to be returned to you. < Advisory Information Sheet < Visit the C aliforn ia Co urts S elf-He lp Ce nter a t www.courtinfo.ca.gov/selfhelp (English) www.sucorte.ca.gov (Spanish) CO MMO N SM ALL C LAIMS FOR MS F OR INITIAT ING A CLA IM
or
< < < <
Information for the Plaintiff (form SC-150) Plaintiff’s Statement (form L-1090) Certified Mail Statement (form L-1091) Proof of Service Information Sheet (form L-1239)
< < < <
Venue Table (form L-1170) Sheriff In struction Shee t (form L -1176 ) Adviso ry Informa tion Sh eet (form L-118 0) Proof of Service (form SC-104)
Information L-1047 (R-8/03)