If an individual, write his or her first name, middle initial and last name.
If the defendant is a company owned by one person, write both the owner and the company name. Write the letters DBA which stands for "Doing Business As" between the name of the owner and the company name, if the owner is doing business under a fictitious name:
John J. Doe, individual & dba John’s Fashions.
If the defendants are spouses, write both of their full names:
James J. Doe and Jane E. Doe.
If the wife’s first name is unknown, write James J. Doe and Mrs. James J. Doe.
If the defendant is a partnership, name both the partnership and the partners as individuals: James J. Doe, individual and John A. Smith, individual & dba Doe & Smith.
If the defendant is a corporation, write the exact name of the corporation
Jane’s Fashions, a corporation or Jane’s Fashions, Inc.
Also confirm the name of the corporation’s agent for service in California through the California Secretary of State. Contact the Small Claims Advisor for additional information on corporate agent for service. If a corporation owns a division or subsidiary, it should be designated:
"United Automotive, Inc" dba "Southwest Auto Sales Company"
If the claim is a result of a vehicle accident, name both the registered owner of the vehicle and the driver at the time of the accident. If the owner and driver are the same person:
James J. Doe, owner and driver.
If the owner and driver are not the same person:
James J, Doe, owner and Ellen Jones, driver.
Complete the multi-part form by typing or legibly printing the party information and answering items 1 through 8. Date and sign the form where indicated.
If applicable, review and complete the Fictitious Business Name Declaration (SC-103).
All forms presented to the Court for filing must be typed or legibly printed in black or blue ink.
File the claim in person at the Monterey Superior Court, by mail, or by e-file.
Serve the claim on all parties:
If the party defendant(s) is/are in the State of California, the Court Clerk can serve the claim by certified mail. The additional certified mail fee with pre-addressed envelopes to the defendant(s) must accompany the original claim form and copies.
Before a case can be heard in Small Claims Court, each defendant (or plaintiff if you are the defendant filing a claim) must receive a copy of the filed claim. This is called "service of process" or "service". The defendant must be served within the State of California. There are two exceptions to the service within the State of California rule. If either of these exceptions apply, contact the Small Claims Advisor for instructions on how to serve the claim:
The defendant must be served within explicit time limits. The defendant must be served at least 15 days before the trial date if the defendant is located in Monterey County, or at least 20 days before the trial date if the defendant is located outside of Monterey County.
You may NOT serve the claim yourself. The Defendant can be served in one of the following ways:
The person who serves the Defendant must file a proof of service form with the Small Claims Clerk before the trial. The Proof of Service (SC-104) is available on the Judicial Branch of California web site (see FORMS in Small Claims-Getting Started). See SMALL CLAIMS FORMS. In the Monterey County Court, the proof of service must be filed at least 2 days before the trial.
The Defendant need not accept or touch the claim in order to be served. Once the Defendant has been correctly identified, the claim can be dropped at his or her feet.
Who to Serve
A copy of the claim must be delivered to each person or business being sued. This is called serving the defendant or defendants.
If you are suing an individual, serve the person you are suing. If you are suing more than one individual, such as, for example, the registered owner and the driver of a car involved in an accident, serve each person you are suing.
If you are suing a single-owner business, serve the owner.
If you are suing a partnership under its business name, serve one of the partners. If you are suing a partnership under its business name and the partners individually, serve each partner. If you are suing a general partnership, serve the general partner, general manager or the agent for service, if there is one.
If you are suing a corporation, serve a corporate officer or the agent for service. To find out the names and addresses of the officers or the agent for service, call the Secretary of State’s office at (916) 657-5448 for instructions. Also try their web site http://www.ss.ca.gov/.
If you are suing the county in general, serve the Risk Management Department. The Risk Management Department is located at 240 Church Street, Salinas, CA 93901
Reminder: You must pursue the proper administrative procedures with the respective public or governmental agency before filing a small claims case. A written rejection of the administrative claim must be presented to the clerk when filing your claim.
If you are suing the state, the State Attorney General’s office accepts service for Cal Trans, California Highway Patrol, and most Consumer Affairs Boards and Bureaus. Their mailing address is P.O. Box 944255, Sacramento, CA 94244. Call the Attorney General’s office at 1-800-952-5225 for more information.
You may not sue the Federal government in small claims court.
If you are suing your landlord, and the manager of your apartment building rented the apartment to you and won’t tell you where the landlord lives, you can serve the manager. To locate the name and addresses of the owners, you may go to the Tax Collector’s office. Give the address of the property to the clerk and they will be able to give you this information.
The person who serves the Defendant(s) must file a proof of service form with the Small Claims Clerk at least two (2) days before the trial. Otherwise, service is not considered complete and the trial will not proceed. If a process server serves the claim, the server will usually file the proof of service.
How to Locate a Person or Business
Locating a Person:
If you are having trouble finding the person you wanted to sue or who owes you money, you may find the following information helpful in locating them.
If the person has moved, address a letter to him at his or her last known address. Several spaces below your return address write, "Address Correction Requested. Do Not Forward". The letter will be returned to you with the new address, if one is on file.
If the person you are seeking owns property, try the Monterey County Clerk/Recorder’s Office. The County Clerk/Recorder’s Office maintains a listing of property owners by name and lists the location of the property owned. The Monterey County Clerk/Recorder’s Office is located at 240 Church Street, West Wing, Salinas, CA. The phone number is (831) 755-5041. Contact them for instructions and fees.
If the only information you have concerning the other party is a telephone number, and the number is one that is listed, the Reverse Directory will provide the address. Reverse Directories are usually available at the main libraries.
Locating a Business:
If the only address you have is a post box, you can request the name, street address and phone number of the holder of a post office box that is used for business purposes from the post office. Bring proof that the box is used for business purposes.
Locating a Corporation or Limited Partnership:
Contact the Secretary of State at (916) 657-5448 for instructions on receiving information on names and addresses of the officers of corporations, general or managing partner and their agents for service. Also try their web site http://www.ss.ca.gov/
Locating a Sole Proprietorship and Partnership:
The County Clerk/Recorder’s Office maintains a listing of fictitious business statements. The statement lists the names and addresses of the owners of businesses operating under a name different from the owners. Contact the County Clerk/Recorder’s Office for instructions and fees. The Monterey County Clerk/Recorder’s Office is located at 240 Church Street, West Wing, Salinas, CA. The phone number is (831) 755-5450.
The City Clerk’s office, tax and permit division, usually maintain a list of the names and addresses of most persons licensed to do business in a city.
Note: Witnesses remain seated until they are called to testify.
Your hearing will take place in a courtroom with many people who have been scheduled for that day. A Court Commissioner or a Judge pro tempore (temporary judge) will hear your case. A judge pro tempore is a California licensed attorney who volunteers his or her time to hear and decide cases. Both the commissioner and the pro tem judge have all the responsibilities and powers of a judge.
The Commissioner or judge pro tempore may ask that the parties try mediation before the case is heard. Mediators from the Mandell Gisnet Center will offer mediation services free of charge.
When your name is called, you and the other party in your case will move to the front of the room and tell your stories to the judge. Small claims cases usually take no more than 5 to 10 minutes. Therefore, it is very important that you plan ahead of time what you will say. Your story should be well organized and to the point. Do not go off on tangents, include too many details or be repetitious. Stay calm and polite
If you are the person suing (the Plaintiff), you will speak first. Although everyone swears to tell the truth under penalty of perjury, don’t count on the other party admitting fault. It is up to you to PROVE your case.
Telling a story in court is not like telling it to a friend. When you talk to a friend, you often start at the beginning, build up some suspense and finish with a punch line. In court you do the opposite. You want the judge to know as soon as possible why you are there. Your Opening Statement should summarize the nature of your claim and the damages you have suffered as a result of injury, breach of contract, violation of a right, etc. For example: why the other person is at fault through intentional or negligent behavior and why you did not contribute substantially to the loss.
In a case of breach of contract you might say, "Your honor, this is a matter of a painter who did not carry out his contract to paint my house in Monterey after I paid him the full amount of $2,500 on February 1, 2018". Or, in a landlord tenant dispute, "Your Honor, this is a case of a security deposit of $600 which has not been returned to me although I moved out on January 1, 2018 with proper notice and left the place clean and with no damage".
Briefly give the facts, usually in chronological order. Group facts together. Instead of reciting all the dates you brought your car back for repairs, say "In the 6 months between January and June of 2018, I took the car in 14 times and each time he did not adjust the carburetor."
Decide what the main points and issues are and stick to those in telling your story, referring to evidence that supports your position. Evidence can include copies of contracts, estimates (you should have at least 2 for car repair and similar disputes), bills, photographs, diagrams (important for auto accidents), police reports, etc. If you need documents that are not in your possession, you can request them through a Subpoena Duces Tecum. This is a form you get from the Clerk, which you serve on the party who has the documents. Be selective. You don’t want to overwhelm the judge with either the number or complexity of your materials.
You may also bring witnesses. Your witness(es) can be either someone who has first-hand knowledge of the facts (he/she saw the accident) or is an expert on the subject (the mechanic who examined your car after it was towed). Avoid bringing friends or relatives (the judge may think they are only trying to help you) and be sure you know what to expect from your witnesses. It is not a good idea to subpoena a "hostile" witness; your defendant’s girlfriend who saw him hit you, may surprise you with her testimony; or the mechanic who is worried about his job may change his story in court.
In planning what to say, try to anticipate and be prepared to refute what the other party will bring up. In addition to explaining how the other party was at fault, you should be able to show how your own behavior was not also responsible, that you tried to minimize the loss or, if you are the defendant, that the person suing you did not do his/her best to reduce the extent of his/her loss. Example: "When I broke my lease by moving out 3 months early, the landlord did not even try to rent the apartment to anyone else".
If you cannot express yourself in English, you should bring someone who can. The court does not provide an interpreter and you will want to be sure the judge fully understands your story. If you bring a friend or relative to interpret, they must interpret your words, not tell the story for you. If you know you will be very nervous and likely to leave out important facts, briefly summarize your case in writing and ask the judge to allow you to submit it before you tell your story. Be sure to have a copy for the other side.
You can refer to any specific laws that relate to your case and may even present information you have received from a consultation with an attorney. Remember though, that you are not supposed to be a lawyer and it is not necessary to act like one.
If you believe the party suing you owes you money you can countersue by filing Judicial Council form "Defendant’s Claim and Order to Plaintiff" (Judicial Council Form SC-120). Both cases will be heard at the same time.
If your claim is for $7500 or less ($2,500 or less if you are suing a guarantor) obtain a "Defendant’s Claim" form from the Small Claims Clerk in the court where you are being sued or see SMALL CLAIMS FORMS. The claim must be filed with the Clerk together with the respective filing fee. See Court fee schedule.
You must notify the other party that you are suing by having a copy of the Claim of Defendant served on them at least 5 days before the trial date. However, if you were served with the Plaintiff's claim ten (10) days or less before the trial date, you can serve the defendant's claim at least one day before the trial date. You cannot serve the Claim of Defendant yourself.
If your counter claim exceeds the jurisdictional limit of the Small Claims Court and you want your case to be heard in the Civil Division of the Superior Court, you must first file a Summons and Complaint in that Division. You will need to bring to the Small Claims Clerk a copy of the Civil Complaint, a copy of the Proof of Service, a Declaration, a Request and Order for Consolidation along with the appropriate transfer fee. The Request and Order will be submitted to the Commissioner for approval.
Upon receipt of the above described documents, the Small Claims Court will transfer its file to the Superior Court. In this manner, both the plaintiff's and defendant's claims may be heard together.
An appeal of a Small Claims Court judgment is a request to the Superior Court to reverse the decision of the Small Claims Court by having the case heard again. A Plaintiff does not have the right to appeal a small claims judgment except in certain circumstances.
The rule to remember is if you lose on your own claim, you cannot appeal, but if you lose on the other party's claim, you can appeal. It is especially important to remember this when a claim of defendant is filed. In that case, the original Defendant is acting as Plaintiff and cannot appeal if he or she loses on the claim of defendant.
An insurer of the defendant may also appeal the judgment if the judgment exceeds $2500 and its policy with the Defendant covers the matter to which the judgment applies.
An appeal of the small claims judgment must be filed within 30 calendar days of the date of the Small Claims decision or, if the decision is mailed to you, within 30 days of the date the clerk mails the Notice of Entry of judgment. The date will appear on the form you receive.
To file the appeal, get a "Notice of Filing Notice of Appeal" (Judicial Council Form SC-140) form from the Small Claims clerk. Fill it out and file it with the Small Claims clerk. Check the courts fee schedule for the most current fee.
The case is heard in Superior Court and is treated as a new case. All the evidence and witnesses must be presented again.
On appeal, the claim is heard for the original amount. For example, if you were sued for $1,000 in Small Claims Court and the judgment against you was for $500, on an appeal the judge has the right to award the full $1,000 to the plaintiff if you lose.
While the case is being appealed, the defendant does not have to pay the Small Claims Court judgment.
If the Defendant loses the appeal, the Defendant must pay the Plaintiff the amount of the judgment plus interest and costs; examples of costs are any earnings you can prove you lost or any money you actually paid for transportation and lodging in connection with the appeal. The Defendant may also have to pay attorney's fees up to $150.00.
If the court finds that the appeal was intended to harass or delay the Plaintiff, or to encourage the Plaintiff to abandon the claim, the court may award the plaintiff attorney fees of up to $1,000.00 and any actual lost earnings. The court may, if it wishes, award the cost of lodging and transportation incurred in connection with the appeal up to $1,000.00, following a hearing on the matter.
If the claim has been served on all Defendants
A continuance is a request to postpone a court date. If the defendant(s) have been served you may use the Application for Postponement of Trial Date (Judicial Council Form SC-150) . Once the application is received, with the appropriate fee, it will be submitted to the judge. Only the judge may grant the continuance request.
The application must be mailed or brought in, to the Small Claims Clerk’s office at least 10 days before the scheduled hearing date. A check made payable to the court must also be included. If the application is granted, the hearing will be postponed for at least 15 days. Notice of the new date will be mailed to all parties.
If you do not have enough time before your hearing date to write to ask for a continuance, you should either appear in court as scheduled and ask for a continuance, or bring a written statement explaining why you need a new court date to the Small Claims Clerk’s office and ask to have it attached to your case file. There is a fee for this service.
Postponing the Court Trial
If you have been unable to serve all or some of the Defendants
Contact the Small Claims clerk for instructions.
How to Change or Amend a Claim
You can change or amend a party name before hearing on a claim that has already been filed in Small Claims Court in the following ways:
If your claim has not been served, file and serve an "amended" claim to correct the parties' names (Judicial Council Form SC-100 or SC-120) or dismiss (without prejudice) your claim and start over by filing a new claim, as long as the statute of limitations on your claim has not run out. A new filing fee will be charged.
If your claim has been served, complete the Judicial Council form REQUEST TO AMEND CLAIM BEFORE HEARING (Judicial Council Form SC-114), a copy of this request must be mailed or personally delivered to each of the other parties in the case. A decision on your request to amend your claim will be made at the hearing. The judge or commissioner can grant or deny your request or continue the hearing.
To delete one or more Defendants: Use the dismissal form you received with your claim. Be sure to indicate that you are dismissing the case only against one or more defendant (you will list each defendant’s name that you want dismissed from the case). You do not have to notify the remaining Defendants of the dismissal.
You will have to collect your money yourself if you win in Small Claims Court. The court will not collect it for you. You must wait at least 30 days before attempting to collect. The 30 days starts from the date of the decision (if the defendant appeared in court) or the mailing date of the Notice of Entry of Judgment if you have a Default Judgment or the decision was mailed to you. You will need to check with the county Sheriff in the appropriate county to see if they serve Writs of Execution. If not, you will need to employ a process server who will serve the writ. If the 30th day falls on a weekend or holiday, they have one additional "workday" to file their appeal. The judgment is good for 10 years and can be renewed. You are entitled to interest, at 10 percent per annum, beginning with the date of the Entry of judgment, and payment for some of your costs in collecting the judgment.
To add your costs to the judgment, ask the Clerk in the Small Claims Office for a Memorandum of Costs and Credits form. Fill it out and return it to the clerk. After you collect your judgment, you must file a Satisfaction of Judgment form with the Clerk.
The following are some things you can do to try to collect if the person who owes you money, called the judgment debtor, refuses to pay:
There are also some other ways to try and collect judgments:
A Default Judgment means that the court has decided that you owe money to a person or business that sued you, even though you were not in court to tell your side of the story.
You cannot appeal this kind of judgment and have a new trial until you "vacate the default judgment", that is until you have the judgment removed or erased.
To vacate a Default Judgment:
If the reason you did not go to court was because you were not served with a copy of the claim, you have up to 180 days after you find out about the Default Judgment against you to file the Notice of Motion to Vacate Judgment form.
When you file the form, the Small Claims clerk will set a date on which you and the person suing you are to appear in court. The judge will decide to vacate the judgment against you or not.
Bring whatever evidence you can to the hearing to show why you were unable to come to court the first time. An example of what to bring might be a letter from a doctor or a hospital bill.
If the judge agrees to vacate the judgment, the original case will probably be heard right then. Be prepared to tell your side of the story and present your evidence in an organized and concise manner at that time.
If you have witnesses to help your case who could not be present, you can ask the judge for a continuance. The judge may or may not grant the continuance.
Appeal – If the Motion to Vacate the Judgment is denied
If the judge decides not to vacate the judgment, you can only appeal the judge's denial of the Motion to Vacate. You cannot appeal the judgment against you. You must file the appeal within 10 days of the judge's decision
To file the appeal, get a "Notice of Filing Notice of Appeal" form from the Small Claims clerk or online through the Judicial Council website. Fill it out and file it with the Small Claims clerk; a fee is required at the time the appeal is filed with the Small Claims clerk. See How to Appeal a Judgment for more information about appeals.
If the judge decides not to grant your appeal and not to vacate the judgment, you are responsible for paying the judgment.
If the judge does grant your appeal and vacates the judgment, the original case will usually be heard right then. Be prepared to present your case, including any evidence you have, at the time of the hearing. Remember, your case will only be heard if the judge grants your appeal.
The California Small Claims Court Information Center provides general information on Small Claims topics. Go to http://www.courts.ca.gov/selfhelp-smallclaims.htm for general information. If you have a question about a specific case in Monterey County contact the Monterey County Small Claims Advisor or the Monterey County Small Claims Court.