View Full Version : Ca small claims court questions?


California Sunshine
03-31-2006, 11:27 AM
I need to take someone to court and am pretty clueless!

Do I file the papers in court then have her served?

What about a mediator can I request that first before going to court (I really don't want to go to court but really want my $1000!!)

I have been through the Ca. self help courts center over and over again but was hoping to get some answers from anyone who has been through it

Thanks!

PT ROSE
03-31-2006, 01:32 PM
I have done this several times.
The Court House should have a separate small claims court, that's where you go. You file the papers first, then have the papers served, if they do it for you, ( I think through the Marshall's Office) there is a fee. You can have anyone serve the papers. You can't have a lawyer represent you.
It's pretty easy to win in Small Claims Court.. Collecting your money is another story. IF they list all their TRUE assets and bank accounts, you can attach the money from their bank account.. If they lie and say they have nothing, you are SOL.. The Small Claims Court does not help you collect your money, you have to do that on your own. So even if you win, it doesn't necessarily mean you will get your money. I didn't use a Mediator, I just went in and presented my case. It's very easy, especially when you know you are in the right and you are telling the truth.
Good Luck! :D

luckyme1526
04-03-2006, 10:52 PM
PT ROSE, you're right on girl i was just about to write the same thing, until I read your reply. Anyway, i just wanted to say that, lol =)

Rebeca

California Sunshine
04-03-2006, 11:08 PM
Thanks :)

So is the court like a real court with an audiance and all???? EEK I so hate having to talk in public

PT ROSE
04-05-2006, 01:35 PM
Yes, It's like a real court room.. :D It's not intimidating at all, at least mine wasn't. Yes, there are people there just like a regular courtroom. Don't worry, If I can speak in front of people, anyone can!! The bailiff was laughing his head off at what my step-mother was saying..It's not quite as strict and structured as regular court. YOU CAN DO IT! :D