Small Claims court in California...how?

[Rufio]

I have a company that i've done web design who owes me around $5,000.

THey haven't paid it yet, and it's been due LAST December.

What are my options to collect?

If it's small claims court, how do I do this in California?

 

[Walleye]

small claims court is 3000 max.

go to the courthouse, ask to file a suit.

simple as that.

 

[minendo]

http://www.courtinfo.ca.gov/selfhelp/smallclaims/

 

[minendo]

Originally posted by: Walleye
small claims court is 3000 max.

go to the courthouse, ask to file a suit.

simple as that.

How much money can I ask for?
You cannot ask for more than $5,000 in a claim. You can file as many claims as you want for up to $2,500 each. But you can only file 2 claims a year that ask for more than $2,500.

You can only sue a guarantor for up to $4,000 ($2,500 if they don't charge for the guarantee). A "guarantor" is a person who promises to be responsible for what another person owes.

 

[Rufio]

Originally posted by: minendo
http://www.courtinfo.ca.gov/selfhelp/smallclaims/

wow...
thanks!

has anyone done this before?

if the limit is $3000, what do i have to do to get my full amt? big claims court?

 

[Walleye]

Originally posted by: minendo

Originally posted by: Walleye
small claims court is 3000 max.

go to the courthouse, ask to file a suit.

simple as that.

How much money can I ask for?
You cannot ask for more than $5,000 in a claim. You can file as many claims as you want for up to $2,500 each. But you can only file 2 claims a year that ask for more than $2,500.

You can only sue a guarantor for up to $4,000 ($2,500 if they don't charge for the guarantee). A "guarantor" is a person who promises to be responsible for what another person owes.

sorry.

i was taught in my AP gov class that the limit was 3000.

and unfortunately, i remember that class word for word.

 

[Kelvrick]

You got 3 years from the last day you worked for them to file suit. That, and maybe from teh day they use your work, which just might be today. I'm not sure about small claims statues.

No, he can't just go to court and ask to file suit because they court clerks are forbidden to give legal advice and hence cannot tell you which forms to fill out or how to fill them out. You'll have to cipher it out through other people, a lawyer, or anandtech.

 

[Walleye]

Originally posted by: Kelvrick
You got 3 years from the last day you worked for them to file suit. That, and maybe from teh day they use your work, which just might be today. I'm not sure about small claims statues.

No, he can't just go to court and ask to file suit because they court clerks are forbidden to give legal advice and hence cannot tell you which forms to fill out or how to fill them out. You'll have to cipher it out through other people, a lawyer, or anandtech.

not true. small claims court doesnt use lawyers.

the clerk will just hand him the forms if he says he wants to file a small claims suit.

 

[Kelvrick]

Originally posted by: Walleye

Originally posted by: Kelvrick
You got 3 years from the last day you worked for them to file suit. That, and maybe from teh day they use your work, which just might be today. I'm not sure about small claims statues.

No, he can't just go to court and ask to file suit because they court clerks are forbidden to give legal advice and hence cannot tell you which forms to fill out or how to fill them out. You'll have to cipher it out through other people, a lawyer, or anandtech.

not true. small claims court doesnt use lawyers.

the clerk will just hand him the forms if he says he wants to file a small claims suit.

Thats for small claims though and it seems to me like he'll only be able to file one claim and hence not get the entire 5000. For that, he'd have to actually file suit and hence the clerks will not help him.

We're just arguing over nothing though. Maybe this will stay up until a real lawyer comes in.

 

[Walleye]

Originally posted by: Kelvrick

Originally posted by: Walleye

Originally posted by: Kelvrick
You got 3 years from the last day you worked for them to file suit. That, and maybe from teh day they use your work, which just might be today. I'm not sure about small claims statues.

No, he can't just go to court and ask to file suit because they court clerks are forbidden to give legal advice and hence cannot tell you which forms to fill out or how to fill them out. You'll have to cipher it out through other people, a lawyer, or anandtech.

not true. small claims court doesnt use lawyers.

the clerk will just hand him the forms if he says he wants to file a small claims suit.

Thats for small claims though and it seems to me like he'll only be able to file one claim and hence not get the entire 5000. For that, he'd have to actually file suit and hence the clerks will not help him.

We're just arguing over nothing though. Maybe this will stay up until a real lawyer comes in.

then we better keep neffing till a real liar gets here.


op, *cough* lawyer.

 

[amnesiac]

Regardless, make sure you have documented EVERYTHING. Evidence is your friend. The burden of proof is on you to show the court that you are owed this money. Paperwork, files, anything pertinent to your case, collect NOW. Be prepared.

 

[hawkeye81x]

Originally posted by: amnesiac
Regardless, make sure you have documented EVERYTHING. Evidence is your friend. The burden of proof is on you to show the court that you are owed this money. Paperwork, files, anything pertinent to your case, collect NOW. Be prepared.

What he said.

Good luck with the case.

 

[Rufio]

Originally posted by: hawkeye81x

Originally posted by: amnesiac
Regardless, make sure you have documented EVERYTHING. Evidence is your friend. The burden of proof is on you to show the court that you are owed this money. Paperwork, files, anything pertinent to your case, collect NOW. Be prepared.

What he said.

Good luck with the case.

thanks all....

I have all the late invoices that have not been paid, and the check stubs that have been paid...plus, i have someone who work for the company who would be willing to testify that they did not pay me...

What else will I need to prepare?

 

[Vette73]

Send a letter registred mail with a bill. If after 7 working days, then file.