Posted by Calnotary on 1/6/06 7:29pm
Msg #86766
Question about Small Claims.
If I need to file a small claim to a SS,Lender etc. Does it has to be on the SS small court or
could be in my own city?
I have this unpaid balance for a lender and I keep sending faxes, calls, e mails and they just
ignore me. I have talked to the LO that hired me, and keeps telling me lies.
She works in Encino, CA and Im in Riverside CA
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Reply by Charles_Ca on 1/6/06 7:38pm
Msg #86769
Try this link for a good explanation of venue!
http://www.courtinfo.ca.gov/selfhelp/smallclaims/
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Reply by Glenn Strickler on 1/6/06 7:46pm
Msg #86775
Great info, Charles!
I wasn't aware that they raised it to $7,500.
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Reply by MonicaFL on 1/6/06 7:39pm
Msg #86770
I am not a lawyer and by no means and Igiving you advise - this is what I would do - I would file it in my own city because it is a claim I am suing someone for. They will have to answer the suit in a reasonable amount of time. I would suggest tho that you also include in your claim the cost of the suit and also state interest from a certain date at a specified %. Then, if they send you a check for what they owe you, and does not include the court costs and filing fees, then I would modify my suit for the remainder. JMO
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Reply by JM_NY on 1/6/06 7:50pm
Msg #86777
In my area I have to file in their city. I am not sure why since the work was done in my area. The court will include interest from the day the bill was due and all court costs.
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Reply by JM_NY on 1/6/06 7:54pm
Msg #86778
The court will allow you to place a judgment on them. Then the Sheriffs dept goes out to collect if possible. That is if they don't show up in court and not offered to pay when they get the appearance notice. It is a long process.
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Reply by Shane_OH on 1/7/06 2:35am
Msg #86818
I have always filed in my city, which is where my business is based. Usually the defendant (debtor) doesn't even show up to the hearings, so you win by default, and the court in all of my cases has added the court cost to my judgements... so it ends up being free.
This was in Indiana...haven't had to do it Ohio since I just relocated here...
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Reply by PAW_Fl on 1/7/06 7:07am
Msg #86830
It only ends up being "free" if you not only win the judgment, but am able to collect. If the judgment is not settled, then you must pay out of your own pocket.
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