FAQs

Determine who you are suing, as noted above. You will need to go through the process for all parties and the process must be followed for each party. Then find the right jurisdiction. You must figure out the court where the lawsuit must be tried; the jurisdiction. Jurisdiction may depend on where the defendant or the plaintiff lives or where the event took place. Jurisdiction may also be based on the type of case, like small claims, or the type of crime, like defamation. Jurisdiction gets complicated in internet lawsuits and in cases where there are multiple parties involved.3 Create a demand letter explaining your case and exactly what you want (usually in money). This letter is for the court and the defendant. Complete the court forms and register your claim with the court. The forms and filing process depends on the jurisdiction. Court costs are involved here. Get a date on the court calendar. Serve papers on the defendant, including a summons to appear in court on the date set by the court and your demand letter. Usually, an officer of the court (a sheriff, for example) serves the papers.

If your case meets the requirements for small claims court, you will usually be able to represent yourself, if you wish. You will save attorney fees by doing so. However, you may wish to pay an attorney to coach or advise you on how to prepare your case.

You can sue for up to $10,000, if you are an individual or a sole proprietor. Corporations and other entities are limited to $5,000. In addition, a party (individuals or corporations) can file no more than two claims exceeding $2,500 in any court throughout the State of California during a calendar year.

Assuming the Defendant fails to make the payment, then the execution court can take the following measures against the Defendant: Attachment and sale of the Defendant property (movables). Attachment of stocks, bonds and shares. Attachment and sale of land/ property.

If you are suing someone for an amount more than $15,000, file a lawsuit with the circuit court. Generally, the procedure to sue in the circuit court is the same as in the county court.