Small Claims Court…Did you know ?

If you have a claim against someone in the amount of $5000.00 or less, chances are you will find yourself filing a claim at a small claims court in your jurisdiction.  The individual suing is the Plaintiff in the case and the opposing party is the Defendant.  Unlike civil court and trials, this process is inexpensive and simple.  A judge will hear both sides and make a decision on who wins the case and how the issues are settled.  Keep in mind that you may speak with a lawyer prior to your court hearing, however a lawyer may not represent you in court.  The exception is if you are appealing from a small claims matter. 

Notice must be given

Once you have filed your case with the small claims court, the court will issue you a court date.  You will have to notify the Defendant in your case of this date.  This process is required by law or else you will lose your case and it will not be heard.  You may hire a process server to handle it for you.  At Motorcycle Messenger- Registered Process Server, we serve small claims actions all the time.  It is better that you leave it upto the professionals, however you may also have someone other than the party involved serve the papers on your behalf.  The fact is we are registered with the County of Los Angeles, we are bonded and insured.  Sometimes the situation can get dangerous and that is why it is important to allow a professional process server handle it. 

Can I settle my case ?    

If both the Plaintiff and Defendant agree the case may be settled prior to trial.  However, both parties must notify the court as such. 

What happens if I don’t appear ?

If you do not appear for your court hearing, the judge in the case may issue the Plaintiff (party suing) what he or she is requesting plus court costs.  A judgment in the case will be issued to the Plaintiff.  In this circumstance the Plaintiff can legally garnish your wages, take your money, and property to satisfy the judgment.   

Website: www.motorcyclemessenger.com  Tel: 310-571-5327  or Toll Free: 1-800-282-1327  Email: info@motorcyclemessenger.com

Disclaimer:

The materials contained on this Web Site has been prepared for the general informational purposes only and is not to be considered legal advice.  Transmission of the information is not intended to create, and receipt does not constitute any binding business contract or relationship.