In this case, the defendant is attempting to file a small claims lawsuit in a court in San Mateo County, California. The small lawsuit is a settlement default; I'd like to settle this case in a small claim court because I don't want to spend more on other types of lawsuits. The advancement in technology has made it easy to navigate these applications, as well as to fill them out. The small claims court forms can be obtained from The Superior Court of California, County of San Mateo court website (Website link: http://www.sanmateocourt.org/documents/forms_and_filing/sc-20.pdf ). On the court's website, there are various types of forms that can be downloaded, and they are available in a different language ("Small Claims"). A complainant needs to find the right form that he or she needs to use in filing the claim since the forms are also available in a different language the complainant might also download a form that is well conversant with. The small claims forms are serialized and use the prefix SC as part of the serial. This will help in ensuring that there are no confusions or other technicalities that may arise during the filing of the forms.
The forms can also be downloaded from the California courts website (Website link: http://www.courts.ca.gov/documents/sc223.pdf). In this website the forms are also available in different languages and are of various types, the complainant needs to ensure that he or she downloads the form that is required and that which has been translated into his or her language so that filling can be more comfortable. If one is not able to download the forms from these websites he or she can visit any of the courts, and the forms will be given to him or her by the court clerk. On the websites, instructions on how to download the forms and fill them are provided to guide the complainant in ensuring that all the required information is filled correctly in the form.
Question B:
For one to file a small claim, the following requirements need to be met, and the claims must not exceed $10, 000. The small claim court judges are only able to make judgments or award money as a form of settlement from the defendant side. The judges cannot make a judgment that awards payment that is more than $10, 000 ("Small Claims"). The case needs to be well researched so that a substantial evidence can be presented before the court. The other party, who is the defendant must also be informed about the intention of filing the case or the that the lawsuit has been filed. All the different orders that are issued by the court have to be followed, and any directions that are required for the case must be sought from the bench.The court where the claim is filed also matters a lot, if the complaint is presented in a wrong court, the judge or the judge might dismiss the case, and as the complainant, this will be a loss. In my case, I will file the suit in San Mateo County Courts. The courts are within California. Finding the right judge to present the evidence will save a lot of time and money, one needs to file the suits in the following county; The county in which the purchase that was made. The county in which the transaction that resulted in the lawsuit was conducted. The county where the defendant or the other party lives and in the county in which the item or service that needs the payment is located. After filling the claims form, I will then email it or hand it over to the clerk of the San Mateo County Court. For the small claims forms, I will have to file them as from Monday to Friday between 8: 30 am to 2: 00 pm ("Small Claims").
Small claims suits include the following topics, car accident. If you get involved in a car accident, one can file a claim in the county where the accident took place or in the county that the defendant lives. Another topic that can be presented in small claims is the because of contracts. An individual can also file a minor complaint when someone defaults the payment of a consumer purchase. One can also file a claim if he or she paid for a service or good but has not received it yet. One can also file a complaint against the credit company. One needs to be more than 18 years old so that he or she can be able to file the case. If he or she has not attained this age, the complainant needs to find a person who is not part of the case to present to him or her the evidence. Small claim cases must not exceed $10, 000; this is because the judges are only allowed to award money judgments that do not exceed the amount. The small claims form that is obtained from the court's website is used to file a complaint. And depending on the amount of the money involved, different rates apply. An attorney is not required to present you during the appearance ("Small Claims"). One of the main reasons for filing a small claim case is to cut on the costs of developing an expensive. Hiring an attorney means that there will be legal fees which will affect the case's value.
Question C: What I learned
From this assignment, I have been able to determine that there are cheaper ways that can be used in settling small claims through legal means. This is through filling small claims suits in the county courts where the requests are being made. The process of filling these small claims has been simplified, and the procedure for filing the applications has also been outlined in the respective courts. It is also easier for one to find a small claims suit advisor who can help in the process of filing the claims. I have learned the places where I can see the small claims forms and the process of filling them. After submitting the forms, I have also determined how I can forward the files to the relevant court officials and the charges that are paid and the rates that apply. I have also learned about the courts that I can file a small claim case, the county jurisdictions that can help in determining my case. I also discovered about the legal requirements and other requirements that are needed in filling the case. From this assignment, I can be able to file a small claim suit
Works Cited:
"Small Claims." Sanmateocourt.org. N.p., 2017. Web. 11 Oct. 2017.
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