Question of The Day postponements on court dates

Today ( Question Of The Day) On Small Claims Court ,
Comes from Emma G .

Hey SK Can you post pone your small claims case in court I have one coming up and cant make it HELP!!!!!!!!!!!!!! Love your QOTD you are awesome!

Good question Emma, Yes, You can but you must ask for one ahead of time as far in advance as possible, they say 10 days before but have had many clients do this at the 10 day marker and the clerks messed up and don’t correct the calendar so what you have to do is below: It’s a bit confusing we can assist with this at my office but I give you a brief below :

Fill out Request to Postpone Trial (Small Claims) (Form SC-150) OR write a letter to the court explaining why you need to change your court date;
Make a copy of your Request or letter for yourself and one for each other party in the case.
Have a copy of your Request , or letter served in person or by mail on the other people named in the claim. Anyone 18 or older, not you or anyone involved in the case, can serve the papers and then fill out a Proof of Service (for service in person) there is a form for proof by mail (for service by mail) and return to you.
File the original of your Request (Form SC-150) or letter and your Proof of Service with the clerk at the court. You may have to also pay a filing fee to ask for the postponement if you were timely served with the Plaintiff’s Claim (meaning you were served at least 15 days before your court hearing, if you live in the same county as the court, or 20 days if you live in another county; or 25 days and 30 days respectively if you were served by substituted service).
If your hearing is in less than 10 days:

Take your completed Request to Postpone Trial (Small Claims) (Form SC-150) or letter to the clerk’s office. Ask the clerk to attach it to your file. Or go to your hearing and ask the judge for a postponement.
In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.
Have a copy of your Request (Form SC-150) or letter served in person or by mail on the other people named in the claim. Anyone 18 or older, not you or anyone involved in the case, can serve the papers and then fill out a Proof of Service, using Form SC-104 (for service in person) or SC-112A(for service by mail) and return to you.
File your Proof of Service and pay the filing fee if you were timely served. You will not have to pay the fee the first time you ask for a postponement to find an interpreter.
After you request to postpone the trial
The court will mail you an Order on Request to Postpone Trial (Form SC-152) stating the court’s decision on your request or may use another type of similar notice.
If the court postpones the trial, it will give you the new court date on Form SC-152 or on a similar notice. The court will send this notice to you, any other defendants, and the plaintiffs.

If the court does not postpone the trial, the trial will be on the date when it is currently scheduled. The court will let you know that your request was denied and why on Form SC-152 or other similar notice. If you dont hear from the court YOU MUST SHOW UP TO THE HEARING TO ASK FOR MORE TIME OR HAVE SOMEONE GO AND ASK FOR MORE TIME ON YOUR BEHALF.

If you do not hear from the court, go to the court on the scheduled trial date.

At EZ Small Claims We can assist you with this and all the paperwork, it can be a bit confusing so if you want help contact me at my office, Inbox me if you have anymore questions

If you have a QOTD (QOTD= Question Of The Day ) On Small Claims Court Please Post On My Wall Or Inbox me your QOTD

I am SK I am a small claims specialist and if you have a question about small claims, the process anything please feel free to ask me I will more then happy to assist you.

If you need help to file a small claims call me at the office or visit our website at
www.ezsmallclaims.net

(909) 986-0883 Office
(909) 391-2056 FAX 

Today’s Question Of The Day Is On statue of limitation

Today’s Question of The Day On Small Claims comes from Jessica W. . SK what are the statue of limitation in small claims court ? I wanted to file and was going to call your office to speak to you but my mom wanted me to inbox you she reads your Google+ page daily. Thank you SK so much and love reading them when I Google When she goggled you found your Google plus page and all the #SKQOTD YOU ROCK !!!!!

Hello Jessica , Statutes of Limitations Are different In many states, the time limit on filing, otherwise known as the statute of limitations, will depend on the type of claim. In California, for example, you have 4 years to make a claim on a written contract, and 3 years to file for property damage. The statute of limitations on oral contracts and personal injury is a little shorter, if you don’t sue within 2 years, you can’t sue and that money is lost . It’s always best with dealing with any type of agreement that you have a written contract! If you ever need help with a written contact call our office at 909-986-0883
below is some of the statue
Medical malpractice actions: -Three years from the date of injury or one year from the date of discovery of the injury, whichever occurs first.
-Breach of an oral contract: Two years.
-Breach of a written contract: Four years.
Suits for libel or slander: One year.
Personal injury claims based on negligence: Two years.
Suits for injuries resulting from domestic violence: Three years from the last act of domestic violence.
Childhood sexual abuse: Eight years from the victim’s 18th birthday or three years after the victim realizes that physical or psychological injury has resulted from childhood sexual abuse, no matter what the victim’s age.

Thank you for your question of the day.
Kindest Regards
SK
EZ Small Claims
Ontario California

** If you have a question on small claims court please don’t be shy I would love to answer any questions you have ! Submit your #QOTD to me here on my blog on my Google+ page! I will use your questions for my #SKQOTD #SKQUESTIONOFTHEDAYONSMALLCLAIMSCOURT
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Demand Letters ( SK Tips On Demand Letters)

#EZSmallClaims #DemandLetters

Many of you ask for my tips on how to write a demand letter , so here they are by request.

How Do You Ask For Payment Before Taking Someone To Small Claims Court !

Small claims cases require that you ask the other side for payment before you go to court (unless there is a good reason why you cannot). You can ask in person, by phone, or in writing. You will have to tell the court you did this and how on your court forms.
If you decide to ask for payment in writing, you can write a demand letter. A demand letter is a short, clear letter demanding payment. Bring a copy of it to your court hearing to show the judge. You can also attach it to your court papers.

Often, a demand letter will be all you need to resolve your dispute. Even if the person or business that owes you money knows about the problem, a firm and strong request in a letter that lays out the reasons why they owe you money and says that if your issue is not satisfied you plan to go to small claims court can have a big effect. They realize you are serious about the case and intend to spend time and energy pursuing it. Sometimes when you have a problem with a business, a demand letter can bring the problem to the attention of the owner who may not have known about your dispute because the manager never told him or her. This happen more often then you would think !

HELP WRITING A DEMAND LETTER
There are different types of demand letters and at EZ Small Claims we can assist with a demand letter but I will share some important facts about writing one yourself ! You can send a demand letter to a person or business to ask for your money ! Make your demand clear and state why they owe you the money and if they don’t resolve this you will file a small claims lawsuit against them !

Demand letter to Your Landlord Asking for the Return of Your Security Deposit

A landlord has 3 weeks after you move out to return your security deposit or send you a itemized invoice for any amount held for damages ! If you landlord fails to give you back your deposit within the time frame I suggest you write a demand letter. After you have ask for the money and if they still refuse your only choice is small claims court .

Type your letter. If you don’t have a computer or typewriter, try to get access to one a family or friend. Do not hand write your demand letter ! Their are public libraries have computers that you can use for free or low cost ! If you don’t have access we can assist you with this .

Review the main facts of the dispute. At first it may seem a bit odd to outline these details; after all, your opponent knows the story. But remember–if you end up in court, the letter will be read by a judge, and you want the judge to understand what happened. Now is a good chance to make a record not only of the initial dispute, but of any subsequent phone conversations, unanswered calls, or inappropriate conduct by the defendant in this letter .

Be polite. Avoid personally attacking your adversary (even one who deserves it). The more you attack, the more you invite the other side to respond in a similarly angry vein. Get your point across without attacking them .

Write the letter with the direct goal in mind
. The letter should encourage your opponent to make a business like decision of the dispute and raise such questions as:

-What are my risks of losing?
-How much time will a defense take?
-Do I want the dispute to be decided in public?
-Ask for exactly what you want. For example, if you want $500.00 ask for it (or possibly a little more to allow some negotiating room). Explain how you arrived at this figure. And be sure to set a deadline. One week is usually best; anything longer and your opponent has less motivation to deal with you right away. Supply the actual date, to remove any doubt.

End your letter by stating you will promptly pursue your legal remedies if your demand is not met. Remind the defendant that a court judgment could adversely affect his or her credit rating.

Make sure you make and keep copies of everything you send . Make a copy of each letter before you send it, and keep a copy of the post office receipts (use certified mail, return receipt requested). Keep all correspondence from your adversary, also.

Please use certified mailing. Send the demand letter via certified mail with a return receipt requested back to you. If you do end up in small claims court, you can use the return receipt to counter any claim that your opponent didn’t receive the demand letter.

I hope this help you and don’t end up in small claims court but if you do my office is here to help !

We can assist you with a letter of demand at affordable rate, more so than an attorney.

I hope these tips are helpful with writing your letter of demand, when it comes time to sue. Call my office we will type your small claims, file your small claims at the court, serve your small claims, and type and file the proof of service all for you. We are also here for you during your entire claims process, you will not get this anywhere else in California. Our customer service is rating #1 in California and A+ with the BBB.

SK Strong
Top Small Claims Specialist
EZ Small Claims
909-986-0883 Office
909-391-2056 Fax

How Much I Can File For In Small Claims Court In California

Today Question of the day on small claims

My question comes from Kristy M. SK Hi can you tell me how much I can file in small claims court. Thank you we love your questions of the day and you truly rock and it is nice to know you care.
Hello Kristy, Thank you that was to sweet I will explain to you below. Are suing as yourself, an individual or a business or if it’s a car accident the rules in CA change often and filing limits vary.
Who can file a claim?
An individual, which includes a sole proprietorship, may file a claim up to a maximum of $10,000, subject to the following exception: If you are suing for injuries incurred in an automobile accident and the defendant is insured, you are limited to a maximum dollar limit of $7,500. Only the actual party to the claim may file. You must represent yourself at the small claims hearing. Attorneys or others are not permitted to represent a party in small claims court. If a husband and wife sue or are sued, one spouse may represent the other in Small Claims Court.
You must be at least 18 years old to file a claim. If you are not yet 18, you may ask the court to appoint a guardian who can then act on your behalf. The guardian is usually a parent, relative or an adult friend but cannot be someone who is a party on the same case. If you are an individual who owns a business (i.e. sole proprietor) and are doing business under a fictitious business name, you are considered to be an ‘individual’ in Small Claims Court. For example, if you are a plumber doing business as ABCD Plumbing and want to sue a customer who has not paid you, you may file a claim for up to $10,000.
If you are a business who has filed a fictitious business name statement, you must include your statement number and date of expiration on the claim form. You cannot file a case in small claims court without a valid fictitious business name statement.
If your business is a corporation, partnership or anything other than a sole proprietorship, your maximum claim amount is $5,000.
A corporation or other entity that is not an individual must be represented by a regular employee or representative. The employee cannot be hired solely to represent the corporation or other entity in small claims court. The employee or representative is required to file a declaration with the court stating the basis of their authority to represent an entity. You can file two small claims cases for $5,000 than $2,500 cases after that, after 12 your filing fee is much higher.

Anymore questions please feel free to email me inbox me or facebook me. I hope this answer your question of the day on small claims
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Preparing For Small Claims Court And Figuring Out If You Are Going To Sue

When you are preparing to file a small claims case, you need to find out exactly who the defendant (the person or business you are suing) is so you can name him or her correctly on your claim. This may seem like a simple issue, but it can be very complicated.
For example:

If you get into a car accident that is caused by another driver, there may be more than 1 person to sue. The other driver may be responsible for driving the car negligently, but the car may be owned by someone else. The car insurance is likely to be in the owner’s name, you need to sue the driver and the owner, you may win, but if you only sue the driver the judge will likely tell you to re-file. If you sue both the driver and the owner and you win, the owner’s car insurance (if he or she has it) will probably pay for your damages. There are ways to get the insurance companies to pay and that why its so important to know the small claims court system like my office does. Do not try to handle a case like this if you do not understand the small claims laws, as it will cost you more money in the long run.
For example, If you sue the plumber but not the general contractor, the plumber may testify that he was told by the general contractor how to install the plumbing, and it is the general contractor’s fault. If the general contractor is not a party and the court agrees that it is the general contractor’s fault, you will lose your case. If both the general contractor and the plumber are sued, they can blame each other, but it will not make any difference if the court decides that only 1 of them or both are at fault — you can get a judgment in your favor.
If you get hurt by a product, you need to find out if the store where you bought the product belongs to a chain, and you need to find out who made the product. You may need to sue the store where you bought the product, the parent company that owns the store where you bought the product, the store chain if the store where you shopped is part of a franchise, and the manufacturer of the product. You need to figure out who owns each of the businesses. If you sue only an individual or 1 party and leave out the others, those who are sued can blame your injury on someone else and you may lose your case if the court finds a nonparty to be responsible.
You need to figure out who your defendant is and how to name him or her (or them, if you have more than one defendant) in your claim. And keep in mind that if you are not sure which of several possible people (or businesses) is responsible for your claim, name each person or business you believe is liable. The court will decide if the people you named in your claim are legally responsible

FIGURING OUT THE DEFENDANT’S NAME
When you fill out and file your claim, you must have the EXACT name of the person or company you are suing (the defendant). If you do not use the correct name, you may not be able to collect any money if you win. You need to put the defendant’s name on the papers that you file with the court.

Read more about this at the Department of Consumer Affairs’ website.
In general, if you are:

Suing a person: Write the person’s first name and last name (and middle initial, if known). If the person has used different names, you can list each of them as an “aka” (also known as). For example, if the person you are suing signed a contract as John Doe, but you know he goes by the name of John Roe at work, you can sue him as “John Doe aka John Roe.”
Suing husband and wife: Write both their full names.
For example: James Jones and Sally Jones.
Suing domestic partners: Write both their full names.
For example: Jane Jones and Sally Jones.
Suing a business owned by 1 person: Write the owner’s name and the business’s name. Name the owner as an individual to have a better chance of collecting if you win.
For example, write: Sally Smith, individually and dba Continental Candies, and Continental Candies, a proprietorship. (In this example and others, “dba” stands for “doing business as.”)
You can check the county records for the fictitious name filing for the business to see exactly how the owner’s name appears. This way you can make sure you have the correct name of the individual owner on the complaint when you sue.
Suing a partnership: Name the partnership and the partners individually too.
For example: Jim Smith and John Jones, individually and dba Smith & Jones, and Smith & Jones, a partnership.
Suing a corporation: Write the exact legal name of the corporation.
For example: Sally’s Dresses Inc., a corporation.
Suing a business owned by a corporation: Write the name of the corporation and the business.
For example: Lotus Corporation, individually and dba The Flower Company, and The Flower Company.
Some corporations are not really separate entities from the individuals who created them because the corporate assets and the assets of the officers and directors are all mixed together. If you get a judgment against a corporation that has no money because the money is all in the bank account of the corporation’s president, you may find yourself unable to collect on the judgment. If you think that the corporation you are suing is really a sham to avoid personal liability by its main officers, you can name the individuals along with the corporation. This is called “piercing the corporate veil.” You will need to show proof to the court that the corporation is not really separate from the individuals who run it.
When suing a corporation, limited partnership, or limited liability company (LLC), you need to check the California Secretary of State’s website to see if the corporation, limited partnership, or LLC is licensed to do business in California. If it is not, it cannot appear in court to defend itself, and you can object to the court if it tries to. You can then request a judgment against the other side.
If the corporation, limited partnership, or LLC is licensed to do business in California, you need to check who is listed as the agent for service of process. This is the person or company that the corporation has chosen to receive legal papers.

Suing because of a car accident: Write the name of the driver and the owners of the car. If there were multiple cars involved, it is important to name each driver and owner.
For example: If Sam Jones was driving the car when you were hit, but Betty Smith is the owner, your lawsuit would say: Sam Jones, driver, and Betty Smith, owner.
If Sam Jones was pushed into your car when he was hit by Bob Hunt, and Bob Hunt was driving a car owned by David Brown, you would name all the drivers and owners: Sam Jones, driver, and Betty Smith, owner, and Bob Hunt aka Robert Hunt, driver, and David Brown, owner.
If the owner and driver are the same person, you can just write that person’s name: Sam Jones, owner and driver.
If you do not know the name of the owner of the car but you have the car’s license plate number, you can fill out a Request for Record Information to the DMV to get the name of the registered owner on DMV

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