Q:

What forms are needed to file a case in small claims court?

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Quick Answer

To file a case in a small claims court, the plaintiff must complete Form SC-100 (Plaintiff's Claim and Order to Go to Small Claims Court), according to California Courts. In addition, the plaintiff must complete his court's local forms, if any.

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What forms are needed to file a case in small claims court?
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Full Answer

The plaintiff must contact his local court to find out if the court requires additional forms. Some courts require a form called Plaintiff's Statement to the Clerk, according to California Courts.

When there are more than two plaintiffs or two defendants, Form SC-100A (Attachment to Plaintiff's Claim and Order to Go to Small Claims Court) must also be filled out, says California Courts. For additional space or witness statements, Form MC-030 is necessary. If the plaintiff is a business operating under a fictitious name, Form SC-103 (Fictitious Business Name) is applicable.

An individual may seek the advice of a small claims legal adviser and have all necessary forms reviewed prior to filing them at the local court, says California Courts. The plaintiff is required to pay the court a small filing fee, according to Law Library. If the lawsuit is successful, the plaintiff recovers the filing fee, along with the money awarded. In most cases, there is no jury, and a judge makes a decision based on the evidence, states Law Library.

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