Filing a small claims case in Los Angeles County can feel overwhelming if you don’t know where to start. This guide will break down the essentials so you can file your case with confidence and navigate the local rules smoothly.
What is Small Claims Court?
Small claims court is a special division where individuals and businesses can resolve disputes involving relatively small amounts of money without needing an attorney. In Los Angeles County, small claims court can handle disputes up to $12,500 for individuals and up to $6,250 for businesses.
Who Can File a Small Claims Case?
- Individuals
- Sole proprietors
- Corporations, partnerships, and other businesses (subject to the $6,250 limit)
- Government agencies
You must be 18 years or older to file. If under 18, you will need a guardian ad litem.
Los Angeles County Small Claims Local Rules to Know
1. Jurisdiction: File in the correct courthouse based on where the defendant lives, where the dispute occurred, or where the contract was signed.
2. Filing Fees: The filing fee depends on the amount you are suing for:
- Up to $1,500: $30
- $1,500.01 to $5,000: $50
- $5,000.01 to $12,500: $75
3. Limits on Number of Cases: You may file two claims over $2,500 per year. There is no limit on claims under $2,500.
4. Serving the Defendant: Personal service, substituted service, which will add 10 days to the deadline before the hearing, are two of the best options. Service must be completed at least:
Personal Service Deadlines
- 15 days before the hearing (within Los Angeles County)
- 20 days before the hearing (outside Los Angeles County)
Substituted Service Deadlines
- 25 days before the hearing (within Los Angeles County)
- 20 days before the hearing (outside Los Angeles County)
It is best practice to pay attention to these dates prior to engaging with a process server, to ensure they have ample amount of time. If the hearing date falls too close to these Deadlines, it’s recommended to request a postponement from the court.
5. Mandatory Mediation: Some courthouses require or encourage mediation before the hearing.
6. Representation: Attorneys are not allowed to represent you at the hearing, although they can advise you beforehand.
Steps to Filing a Small Claims Case in Los Angeles
- Determine if your claim qualifies under small claims limits.
- Find the right courthouse by using the Los Angeles Superior Court’s online locator tool.
- Prepare your paperwork, especially Form SC-100 (Plaintiff’s Claim and Order to Go to Small Claims Court).
- File your claim online, in person, or by mail.
- Serve the defendant properly with a copy of the filed claim.
- Prepare for court by gathering all your evidence and organizing your story.
- Attend your hearing and present your case clearly.
Pro Tips for a Successful Small Claims Case in LA
- Document Everything: Bring photos, contracts, receipts, messages, and witness statements.
- Know Your Story: Prepare a clear, concise explanation of what happened and why you are owed money.
- Dress Appropriately: Appear professional and respectful.
- Arrive Early: Courts often provide mediation opportunities before your case is heard.
- Practice Your Presentation: Judges appreciate clarity and facts over emotional appeals.
Online Filing in Los Angeles County
You can file many small claims cases online through the Los Angeles Superior Court’s eFiling system, making the process even more convenient.
Need Help Preparing Your Small Claims Case?
Use our Self-Guided Small Claims Interview Form to quickly generate your paperwork, file your case, and arrange for professional service!
Conclusion
Filing small claims in Los Angeles County doesn’t have to be intimidating. By following local rules, preparing thoroughly, and using available online tools, you can maximize your chances of success and recover what you’re owed.
