TODAY’S QUESTION OF THE DAY IS ON WHO IS BEST TO SERVE YOUR SMALL CLAIMS SHERIFF OR A PRIVITE PROCESS SERVER

Today’s Question of the day on Small Claims court comes from George Peters.
Hello SK, Can you tell me why its better to have you serve legal paperwork than the sheriff office? I like to know why you are better? Thank you and love your #QOTD, you rock!!!!!
Good question of the day George, and I would be more then happy to answer this for you! Process Serving is not an easy job, there are benefits’ with using us ( A private Process Server) or having the sheriff serve your legal documents . I will explain the cons and pros of having a licensed and bonded Process Server ( Like our company) serve your paperwork VS the sheriff office So below I will have a list of why it is better to have our office VS the sheriff’s office serve them. The choice is up to you, but we do everything we can to go above and beyond for our clients. .

Having the Sheriff serve your paperwork
PRO’S
– The cost is $40.00
– They wear a uniform

CON’S
– Limited number of attempts on process serving
– They hold on to your legal documents and don’t serve it right away, and wait until they have a group of serves in that area .
– They will type a proof of service BUT WILL NOT FILE IT!
– If they cannot get it personally served, they will charge you again after the 3td attempt and you end up paying more.
-If they can NOT serve it after 3 attempts than your screwed and have to pay to have it reserved.

Having us / Private Process Server Serve Your Small Claims
PRO’S
– The cost is $65.00 for unlimited attempts on defendant if service is in southern California , $85.00 if Northern California
– Service go’s out within 48 hours ( In Southern California )
– We make every attempt to get your papers personally served and if we can’t than we will substitute serve your small claims * SUB SERVE IS LEGAL AND ALLOWED BY LAW ON A Small Claims Case
-We type and file the proof of service all for you. So we take care of all the hard work for you
– It is easier for us to get defendants served because we are incognito, so we blend in and get your papers served with all our recourses to get them serve

CON’S
– We are not in a sheriff uniform
-We do not drive a police car

At EZ Small Claims/Yale Attorney Service we have very high standards for our Process Servers and we always go above and beyond for each of our clients. Its important to hire a company you trust and with being in business since February 1984 with over 32 years experience we treat each of our clients like family. We have very high standards of respect, honest, integrity for not just our process server but for everyone who is a part of EZ Small Claims team. Our mission is to help each of our clients from start to finish with the entire process. So if you are needed assistance for Small Claims, Court Running, Process Serving we are here for you! We have a 5 star rating for our service on our face book page, and on our Google+ page. Call us today at (909) 986-0883 or visit our website at www.ezsmallclaims.net

Do you have a Question Of The Day for me? Would you like to ask a question on Small Claims ? Than please send your #QOTD to SK and I will answer it in my SKQOTD on Small Claims Court. Please email your questions to my email address at:: skquestionoftheday@gmail.com
and ask any questions you have on Small Claims Small Claims court and I will be happy to answer any question you have.

Kindest Regards,

SK Strong
EZ Small Claims
Top Small Claims Specialist In Southern California
#EZSmallClaims #EZSmallClaimsSmallClaimsMadeEZ #MakeSureYourCallingOurNumberOrYouWillBeTakenAdvanageOf
#SmallClaimsHelp #SmallClaimsQuestions #FAQ #DocumentPreparationByAnLDL 

Question Of The Day on Small Claims Suing Someone That Don’t Live In CA ? Now what ?

Alright Fans, I have a new #SKQOTD on #SmallClaimsCourt for you #QuestionOfTheDaySmallClaimsCourt
I have a new question of the day for #SmallClaimsCourt .
Dear SKAY , I am confused can you sue someone in California if they live in another state ? For example . I was scammed in one of those pyramids scheme! I thought I could learn the secrets of his trade and be a Millionaire! I know as I write this that sounds stupid but he really sold me on this . I paid him $4,599 dollars but he’s not in California he lives in Texas and I live in Moreno Valley CA! Can I sue him here or not ? Thank you so much I can’t tell you how much we love your small claims question of the day ! You are truly awesome , can you use this as your next one ? I also send it to your page at EZ Small Claims FB too ! Thank you
Jackie Anderson
Hello Jackie , Thank you for your #QuestionOfTheDayOnSmallClaimsCourt this is a great question for my #QuestionOfTheDayOnSmallClaimsCourt. I always love new questions I have not answered and this is one of them.
I am assuming you were contacted by email and made the transaction through email or first class mail ? In California if the defendant lives in another state and is not doing business in California like a DBA you will have to sue them in their home court ! I know it is a huge burden to travel but if you tried to file here it will be a true waste of money and time ! I will include a link from Nolo. com. I love this site and it may answer your questions in better details ! If you still have a question please inbox me
This link will explain about suing a defendant out of state. Please let me know if you have any more questions. I would be happy to explain your rights

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CB0QFjAAahUKEwjSg8Gg377IAhXGoogKHc1_BaA&url=http%3A%2F%2Fwww.nolo.com%2Flegal-encyclopedia%2Ffree-books%2Fsmall-claims-book%2Fchapter9-2.html&usg=AFQjCNH19RqYyeXeHmvHDQbSykp5H_n2qQ&sig2=mYBUg_T1gBarV4GxUXn3gA&bvm=bv.104819420,d.cGU

If you have a #QOTD on #SmallClaimsCourt please message me and I will post it as my next #QuestionOfTheDaySmallClaimsCourt. I am one of the top small claims specialist and work for #EZSmallClaims
+EZ Small Claims
#QOTD #SKQOTD #SKQOTDSCC . Ask any questions on Small Claims court and I would be happy to answer them.

If you need to file a #SmallClaims please visit our website or call our office and our team will help you through the process.
www.ezsmallclaims.net (909) 986-0883

Question Of The Day On Process Serving What Is Service ?

My Question Of The Day On Small Claims Court comes from Michael P.. SK can you please help me out? Can you explain what the process of serving is and means and the ways. I know your an expert on Small Claims Court and we were trying to do it our-self to save money with other paperwork. I just had my baby and its turn into a huge mess, I should of hired you but didn’t see your page till I Google small claims questions and your beautiful face pop up. Can you explain to me what is a sub serve substitute service and a personal? Thanks in advance. You would be a huge help if you can use this question as your next its urgent we get your help. Michael

Hello Michael, You are so sweet, thank you dear, I would love to answer this for you. Sure I can use this as my next #SKQOTD I will explain service to you , I need to know what the other papers are as each type of legal papers have rules like a subpoena or ORAP must be personally served and cant be Sub Serve like a small claims case can. I will post below and you can add or message if you have any more questions. Congrats on your new baby. Take lots of pics they grown up so fast!

Below I Will explain the process of service :

The law says that when you sue a person, partnership, corporation, or the government, you must give formal notice to the other side that you have started the legal process. In the same way, when you are already involved in a case and file papers with the court, you are required to give the other side notice of the paperwork you have filed. The legal way to give formal notice is to have the other side “served” with a copy of the paperwork that you have filed with the court. This is called “service of process.”

“Service of process” means that the other side must get copies of any paper you file with the court. In “service of process” a third person (NOT you) is the one who actually delivers the paperwork to the other side. The person who does this is called the “server” or “process server.” Until the other side has been properly “served,” the judge cannot make any permanent orders or judgments.

“personal service”:

The server gives the papers to the party being served. It can be at the party’s home, work, or anywhere on the street.
The server has to identify the party being served and hand the legal papers to him or her and inform him or her that they are court papers.
If the party being served does not want to take the papers, they can be left on the ground in front of him or her. If he or she takes the papers and tears them up or throws them away, service is still considered to be valid. The person being served does not have to sign anything.
The server then fills out a proof of service, detailing when, where, and how (in person) the papers were served. The server signs the proof of service and returns it to you to file in court.
Personal service is complete the day the papers are served.
“Personal service” is the most reliable type of service because the court knows for sure that the person being served got the papers and, if necessary, can question the process server about the “service.”

Since it is the most reliable, “personal service” is valid in all types of case. Also because it is so reliable, it is generally required when serving the first papers (the petition or complaint) in a case.

Service by Mail
In “service by mail,” someone – NOT a party to the case – must mail the documents to the other party. Only certain forms can be served by mail, an SC-100 can not be served by mail. Depending on what your serving may or may not be allowed, check your court websites for what allowed by mail and was is not. This is why its important to hire someone who understands this process like my office.

For “service by mail”:

If service by mail is allowed, The server mails the papers to the party being served. If the party being served is a person, the papers can be mailed to his or her home or mailing address. If it is a business, the papers must be mailed to the owner(s) at the business’s main office. If the business has an agent for service, the papers should be mailed to the agent for service. Learn more about serving a business.
The server then fills out a Proof of Service, detailing to whom the papers were mailed, to what address, when, how (by first-class mail), and where they were mailed from. The server signs the Proof of Service and returns it to you to file in court. If you sub serve a defendant you must follow up with a mailing the same day.
Service by mail is complete 5 days after the papers are mailed.
Mail service is easy but not very reliable because the court cannot know for sure that someone received the paperwork. Every state is different and in California only the clerk of the court can do a mailing of a SC-100 bear in mind please.

Substituted Service
Substituted service is used after several attempts to personally serve the papers have failed.

For substituted service:

The server tries to personally serve the papers on the other party a number of times (usually 3 or more) but cannot find the party at home (or work, if that is the address the server has). The server must try different days of the week and different times of the day, at times when the other person is likely to be home (or at work if serving him or her there).
If the server is unable to find the person to be served on each one of those times, he or she can, on the last attempt, leave the papers with someone at the other party’s house, at least 18 years old, who lives there. If the server is trying to serve the papers at the other party’s work, then the papers can be left with someone at the office that appears to be in charge and is at least 18 years old.
The server must tell the person that he or she hands the papers to that they are legal documents for the other party. The server must also write down the name and address of the person he or she gave the court papers to. If the person will not give his or her name, the server must write down a detailed physical description.
Next, the server must mail a copy of the papers to the other party at the address where the papers were left.
The server must then:
Write up a “Declaration of Due Diligence,” which is document for the court detailing every attempt attempt he or she made to serve the papers in person. It should include the dates he or she went to the house or work, times of day, and what the result was (for example, “No one answered the door” or “Party not in the office”). The server has to sign this document under penalty of perjury. There is no form for this, but the server can use a Declaration (Form). Your court’s self-help center may have a local form to help you with this step too.
Fill out a Proof of Service, detailing when, where, and how the papers were served. The server has to make sure to write the name of the person he or she left the papers with (or a detailed physical description). The server signs the Proof of Service and returns it to you, with the Declaration of Due Diligence, to file in court.
Substituted service is complete 10 days after the day the papers are mailed.

I hope this answer you questions please post or inbox me if you have any of others. I tried to be as detailed as possible but I know the small claims rules so this may be confusing for some and helpful for others. If you need help for service, contact my office. You will only get your process serving fees back if the process server is license and bonded, all my servers are.

Do you have a Question Of The Day On Small Claims? Post below and I will be happy to use it as my next question of the day for you.
at #SKQOTD #SKQuestionsOnSmallClaimsCourt

I will be happy to answer. You need help with small claims court paperwork call my office and we will do our best to help you.

Kindest Regards,
SK Strong
EZ Small Claims
www.ezsmallclaims.net
(909) 986-0883 

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
#Smallclaims #EZsmallclaims
#TheRealEZSmallClaims 

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
#SKQOTD #SKquestionofthedayonsmallclaims #EZSmallClaims #TheRealEZSmallClaims #TopSmallClaimsSpecialist #Skisheretohelpyou #SmallClaimsMadeEZ #SmallClaimsMadeEasyFourYou 

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

Like Us On Facebook at : www.facebook.com/ezsmallclaims

#SmallClaims #EZSmallClaims #SmallClaimsCourt #SmallClaimsMadeEZ #TheRealEZSmallClaims #SKAnswersYourQuestionsOnSmallClaims