Today’s Question Of The Day On Small Claims Court. Can an Attorney go to court for me?

Today’s Question of the day comes from Bob White. Hi SK I have a question I love your expertise on and thoughts? I done a lot of research and you are the top small claims specialist in the state so I want to know if this is true in the small claims court. Can you have an attorney in small claims court represent me in my case? I have heard conflicting stories and I’d like to hear from you as after all you are the best in California. Wish I was not up north I love to meet you and take you to lunch
Thank the good lord you do the whole state of California LOL.
BTW; I used your services in Jan last year. I had the car accident with the dump truck do you recall? Anyhow, look forward to your reply, saw you on Fox News you did great! So glad that nightmare is over can I have your Facebook page link like to follow you? I was on Facebook late and saw two a page and personal page and wasn’t sure which one to follow!
Thanks
Bob White

Hello Bob, thank you for your question of the day on small claims court. This is a question I get daily answering the phone here at the office and every day I am ask about if an attorney’s can represent a client in small claims court. The answer is Yes and no, let me explain. The only time an attorney can represent you in small claims case as in an appeals case. Such as, if you’re the defendant and lose your case you can hire an attorney to appear for you in court. On your first case you must represent yourself, this is why small claims court is affordable. It cuts down the attorney cost down so you’re not having to file a civil complaint for money. These type of lawsuits cost thousands of dollars and small claims court only cost a few hundred dollars. We make our service affordable because we take the hard work out of it for you.
Why go to the Court house? Why waste your day trying to file your small claims? Let us do that for you. We know the ins and outs of the Court system. We will get your small claim filed for you within 72 hours. By using EZ SMALL CLAIMS we take the stress and burden off of you.
We type the small claims forms, we make sure that you are serving the correct party, we file the small claims at the proper court, and we file the proof of service after the service was completed by the process server. Our Service fee is $100.00 for typing and fling your small claims for you at the court. This includes but not limited to name searches to make sure the defendant is listed correctly, we are here every step of the way.
Court fees ranges from $30-75 and process serving fees ranges from $65-$85 and all your court fees and process serving fees are awarded back to you if you win your case. We are also here for ongoing support for our clients to help with their every need to prepare them for small claims court.
We are small claims specialist, I am the top small claims specialist in California I know the ins and out of the California court system Attorney do not know small claims court the way we do. For over 32 years my family has own this business and believe it or not back in 1984 my father would be giving the clerks of the court forms because he made up his own program EZ Forms back in 1984 .

Thank you for your question of the day on small claims court,
SK Strong
Top Small Claims Specialist in California
EZ Small Claims TM
www.ezsmallclaims.net
skquestionoftheday@gmail.com

Today’s Question Of The Day Can foreigner sue as the plaintiff In Small Claims Court

Dear Skay,

Your blog helps tons of people. Now I have this specific scenario to ask your expert help.

I had a friend, a China citizen, planned to visit CA for 2 weeks, and I found this furnished Apt for rent in Craiger’s list. So we initiated the contact and agreed to pay half of the renting fee as deposit, which totaled USD 1,300.00

Then about 4 days later after they received the money, they asked for the rest of the money, stating they need cleaning and buy stuff.

So my friend and I changed our mind, sending them cancellation letter (which is allowed per our rental contract, as long as it is 3 days ahead of the 1st day of rent). Nothing happened.

Now seems filing for Small Claim is our only choice to get our deposit back. Is that right? if so, can he, a foreigner file with CA Superior Court?

Much appreciated,

Rong

Hello Rong, Thanks so much for your QOTD on small claims court. This is a very great question. You are entitled to get your money back and the question is yes you both can sue. Is your friend still out of the county? Did you give the money to this place yourself and how did you pay? I would get the ball going on this case ASAP. Don’t wait in case they move or try to avoid service. Call my office for details and I can answers any questions you have or send me an email. I responded to your email today. You both have the right to sue in California. Usually you sue where the defendant lives or does business. You both need to be listed on the claim. Have you sent a letter or demand or call or text this person that you want your money back. be careful on craigslist a lot of scams on there, many scammer make a great website bad. So you always want to confirm information when finding a place, signing a contract and such.

I hope this answers your question of the day on can foreigner sue as the plaintiff In Small Claims Court.

Kindest Regards,

SK Strong
Top Small Claims Specialist
EZ Small Claims
(909) 986-0883
skquestionoftheday@gmail.com

Today’s Question Of The Day On Small Claims Court. What Is An Amended Small Claims ?

Today’s question of the day come from Kiara P. Skay/SK can you please tell me what is the amended claim and how do you even do one. Love your Question of the days on #Small Claims. I want to say I follow you and want to say I am very happy to see your press release that you won the bad guys crazy how someone took your name hope they are sitting in jail. I will be calling your office if my husband and I cannot figure out how to do this. He called some other company he didn’t hear the EZ part of small claims and they were rude to him all about the money. So thankful for your questions of the day, your demand letter tips were so freaking awesome BTW. I look forward to seeing my question use as one of your questions of the day on small claims court, you are so awesome and so helpful thank you and I hope to hear from you soon. Please post this on your website and Facebook so I can see it. Thank you Kiara Peterson
Hi Kiara, thank you for your #QOTD on #SmallClaims and thank you for the following it means a lot to me, it really does. I am very happy the nightmare over with the Fake company that stole our name. We got our federal court order and it did not come cheap. People that actually do not read the press release do not understand what happen in less they were a victim of EZ Small Claim. It was a very stressful time and happy it over and business is great again and I am happy to do my QOTD to help people like you and your husband.
So Kiara, there are a few reasons why you would want and need to amend a claim. Before the hearing, a plaintiff (or a defendant who filed a counterclaim) in the small claims case may ask to change their claim after filing. The plaintiff can change the Plaintiff’s Claim, and the defendant can change the Defendant’s Claim, if they have one on you. These claims are always heard the same time in small claims court in California some reasons to change your claim may be as followed: You learned the correct name of the plaintiff or defendant after you filed your #smallclaim; you want to change what you asked for in your #smallclaim. You decided you don’t want to sue one of the parties anymore and dismiss them off, or want to sue another party. Changing the name of a person or business listed on the claim. It always important if you do not know what you are doing you can hire someone that knowns the #smallclaims court system. At my office we know how each court house works and it’s important to know what court does what so you do not waste more time and money. Each court makes their own rules and no two courts are the same and it is overwhelming for anyone that doesn’t know this, so if you get overwhelmed call my office at (909) 986-0883.
If your #smallclaims already has been served to the defendants, fill out a: Request to Amend Party Name before Hearing Form SC-114, File the form SC-114 with the court clerk.
Mail or personally deliver a copy of your Form SC-114, to all of the other parties in your case. They must be re-served. Sending a process server that license and bonded is best, mailing is the worst form of service of process and not reliable we do not do mailings we always send a live process server out, if you hire a process server that is license and boned your fees are added on top of judgement if you win your case meaning you get them back. Be careful many companies will charge you $75.00 for mailing a serve so always ask if you do not use us. Trust is important in who you hire.
Keep in mind, another approach would be simply to ask the judge to amend the name at your hearing. (See Code of Civil Procedure, Section 116.560(b)) If your claim has NOT been served simply amend your claim form: Making changes using an “amended” claim form if you want to change what you asked for in your claim, decided you don’t want to sue one of the parties anymore, or want to sue another party.
Get a new copy of the claim form: Plaintiff’s claim or Defendant’s Claim and ORDER to Go to Small Claims Court, Write “Amended” on the cover page, above the title of the form. If possible, highlight “Amended” in yellow. Make the changes you need to make. Complete the remainder of the form like the first copy of your claim. Make as many copies as you need: one for you and one for each of the other people or businesses involved in the case. File the form with the court. There is no fee for filing. The clerk will file stamp the copies. Serve the smallclaims on all of the other people or businesses involved in the case. (If you already served a claim on any of the other parties in this case, and you then make any changes, you must re-serve everyone. It is always best to have a license and bonded process server serve your #smallclaims. If you use a company depending where the serve is they may be able to give you a lower rate for service a second time. Some court want you to make the changes using a “Declaration” form another way to tell the court that you want to change your claim in some way is to use a Declaration form. Get a copy of the Declaration form and fill in the form, briefly telling the court what you want to change on your claim and why. Some court want the whole claim redone each county and court is different. At my office we know in our heads what each court does because we do this daily.
Remember make as many copies as you need for you and for each of the other parties in the case. File the original Declaration with the court. Serve the Declaration form on all of the other parties in the case.
FYI: You may not use the clerk to serve a Declaration by certified mail.

I hope I answered your #QuestionOfTheDayOn #SmallClaimsCourt

Please visit our website or call my office if you have any questions or send me an email

www.ezsmallclaims.net
(909) 986-0883 M-F 9am-6PM

SK Strong
Top Small Claims Specialist In California

Today’s Question of the day Can you sue for negligence in small claims court

Today’s #QuestionOfTheDay On #SmallClaimsCourt comes from Verletz A. can you sue for negligence in #SmallClaimsCourt and if so how much SK?

Thank you for your #QOTD on #SmallClaims #Court, I am not sure if you are referring to personal injury or property damage from a car accident so I’ll explain both to you and go into much detail as I can for you.

In a negligence case in which you suffer personal injury or property damage because of the defendant’s negligence, you may also be able to recover money for “conscious pain and suffering,” depending on how badly you were hurt, in addition to lost wages, medical expenses. Most of the time cases for personal injury are not heard in #SmallClaims court because small claims is money damages.

Establishing pain and suffering is a more difficult undertaking than establishing a cut-and-dried monetary “Money” claim. You must produce medical records and medical testimony as well as establish documents of how much pain you suffered as a result of the defendant’s negligence. Even than you still may not win your case as #SmallClaims court was designed to sue for money damages so it is hard to prove up pain and suffering in the small claims court system. For example in a auto accident case you can sue for property damages to your vehicle also if you missed work and medical expenses you can proof money loss for but just pain and suffering you can’t put a price tag, which why small claims court is not the place to sue for pain and suffering.

Truthfully, the only personal injury cases I have seen go into small claims court are those where the plaintiff doesn’t have a lawyer because:

· The plaintiff is a difficult client — to put it politely.

· The defendant’s liability is difficult to prove.

· The injuries to the plaintiff are so inconsequential that no lawyer wants to waste time taking the case.

Medical expenses, lost wages, and other out-of-pocket costs are easy to prove if you have the proper documentation, but loss of enjoyment of life and other similar damages are harder to evaluate and prove in a court of law in the #SmallClaims court system..

Can you sue in #SmallClaims for Loss of enjoyment of life? This is a whole another claim and court. A civil complaint for money is a separate complaint than physical or mental pain and suffering. It refers to any damages that result in the plaintiff being unable to participate in activities or pleasures of life as he could previously. For example, a person who is paralyzed after being hit by a drunk driver can claim loss of enjoyment of life because he can no longer play with his children and is bedridden and stuck in a wheelchair there equality of life is gone. Small Claims court is not the court to sue for loss of enjoyment of life in.

For instance, if a dog bites you, it’s normal to be afraid of dogs. Bringing that statement into court will only result in a minimal damage award, for instance the medical costs incurred and the monetary value of the scar resulting from the bite or the stitches you received any value money damages you can proof in reason to the judge from the dog biting you.

Is Your case as a result after a car accident?

Damage to personal property also has it own rules and amounts you can sue for. If your car is damaged in an accident, then the amount of damages is the cost of repairs. You aren’t getting a new car from the accident; you’re only getting the value of the car on the date of loss.

Several things can happen after a car accident:
· You accept the defendant’s insurance company’s estimate, and take the money it determines it will cost to have the car repaired. In this case, you do not need to involve the court. This is what insurance is for.

· You reject the insurance company’s estimate, pay for the repairs out-of-pocket, and take the defendant to small claims court for the difference. You reject the insurance company’s estimate but can’t afford to pay for the repairs until you collect from the defendant.

· The cost of repairs exceeds the value of the vehicle Personal property damage

Trying to prove the value of old items of personal property is difficult. What you paid for it is not the measure of damages, nor is what it costs today to replace it. If you have a great deal of personal property damaged, it pays to hire an insurance adjuster to prepare a statement as to the value of the property on the date of loss, called actual cash value.

I hope I was able to answer your question. Small Claims court rules and laws are much different than most thing and the court room is not like judge Judy. It important to hire someone who knows what they are doing because each court in California the rules and regulations are much different in each court.

If you need help with a Small Claims lawsuit please visit our website or call our office and we be more than happy to assist you.

www.ezsmallclaims.net

Our office number is (909) 986-0883 9AM-6 PM

Best Regards,

SKAY STRONG
Top Small Claims Specialist in California

Today Question Of The Day Is It Important To Have A Written Contract .

Hello SK, I was wondering why it is important to have a contract or not? Is a verbal agreement okay? I was unable to get the money my wife paid for services. We believed we are entitled to get our money back. Unfortunately, she did not have a copy of the contract. If we were sued is a verbal agreement good enough. Thank you for your help. Your #QOTW are so awesome and wish you do them more often LOL. You’re just a wonderful advocate and the info and how you explain it make more since to me then the court websites. I was referred to you and was checking out your #SKQOTW and thought I would ask beforehand. Thanks SK you’re the best!

Hi Bobby, It’s important anytime to always have a written contract then a verbal. A written contact always holds up in court over a verbal contract.
Making a contract that is a written agreement vs. a verbal agreement is a huge difference and if it comes times to having to go to #SmallClaimsCourt it about what is in writing sometimes because it’s your word over someone else’s and you never know what the judge is thinking so get it in writing always. Contracts are important anytime to always read what you sign too. Anytime you are going too pay for a service or product, Always get a copy of any contract you sign. ALWAYS read the contract before you sign it!
If you are unsure ask what you are signing and have them explain it to you where you understand what your signing no questions is too stupid to ask. Without reading what you’re signing or getting a copy you fail to protect your financial interest, making life more difficult and expensive.
If you can afford to have one done by someone do your best on it. It doesn’t matter whether the contract is a formal one written in legal terms, handwritten on a piece of paper, or made verbally, in which case the oral contract should always be put into writing to protect everyone involved. If you sign it read it if you make a verbal agreement with someone or a business in which you pay money, and in return, the other person or business performs a service or gives you product, make sure you get a copy of the contract and any warranty plan to protect yourself create a folder and save it. If you need help writing a contract you can call my office and we can always help you.

I hope I answer your question for the week and if you need assistance please call my office at (909) 986-0883

Kindest Regards,

SK Strong
Top Small Claims Specialist
www.ezsmallclaims.net

#SmallClaims #SmallClaim #ServiceOfProcess #ProcessServing #CourtRunning #JudgmentRecovery #BBBApprovedApludRating #31YearsOfBusiness

Today’s Question Of The Week Is Do your Small Claims Yourself Or Hire US?

Today #QuestionOfTheWeekOnSmallClaimsCourt on #SKQOTW comes from Susie Woodland . Skay can you please tell me the difference as to why I should hire you or another company to handle my #SmallClaimsPaperwork or do it myself? If you can list the PROS and CONS of both that be great thank you. Love your questions of the week on small claims they are great keep up the great work and so thankful wish you had them more often. I finally got up enough nerve to email you to ask my own lol.
Thanks Susie Woodland

Hi Susie, This is a very good question and I am glad you asked this as this is a question we are asked over the phone daily. I would be more then happy to answer.
Doing your small claims yourself can be hard, I am not going to lie. It’s important to fill out your documents correctly. If you don’t know what you’re doing it can turn into a mess and cost more money in the long run. Why can’t I just do it myself most people think? The small claims laws and small claim processes, the court procedures, what forms are needed, and how to complete the forms correctly are all huge parts of why it is helpful to have professionals handle your paperwork. If you have a (LDL) Legal Document Assistance professionally prepare your small claims documents we know what we are doing as this is our job, we handle small claims lawsuits on a daily basis. We know the ins and out of the court system and with each court in California not being the same its important to have your small claims done correctly and filed in the correct venue. I will list the Pros and Cons of doing it yourself as well of the Pros and Cons of hiring us EZ Small Claims or doing your small claims . I can’t make the same guarantees for other companies as I do not work for them. EZ Small Claims is a division of Yale Attorney Service that my father started in 1984. We are a family owned and operated business. Everyone here is family that works for our company we like to keep those family values and knowing our clients by name not a order number. The choice is really up to you and if you have the time to handle how much time go into the paperwork, going to the court, finding a server, and trying to prepare your case on your own is hard. Below is the list I am going to give you of the Pro’s and Cons to both.

Doing your small claims yourself:

THE PROS

•You can save money by doing the documents yourself if you know how to do them and not have to pay someone to type and file them and stand in line. you can save some money on cost.

•You don’t have to pay someone to stand in line and can do it yourself. You pay the parking yourself and don’t have to worry as you know you’re handling it and saving money.

• You don’t have to call or message our office and you know you did it .

Cons of doing it yourself:

• You have to find parking and some courts charge for parking.

• You have to go through the metal detector find your department then wait in a long line even before getting to the line where the clerk is.

• You have to stand in a very long line that doesn’t move and the wait time can be 2-6 hours or more depending how busy the courthouse is that day.

•If you make a mistake you have to go to the end of the line and start over again without help.

•The clerk cannot help you with filling out your small claims documents if you make a mistake you’re on your own.

• The clerk cannot give legal advice on how to fill out your small claims correctly which can leave you upset angry and in tears and want to give up and say screw it and walk out, we have seen it often and happens more then you think.

•You can spend your entire day at the courthouse on your own time.

•If you fill out your documents wrong or list the defendant’s wrong you case can get rejected and or dismissed before or the day of court and you would have to start all over, meaning you have to pay the filing fees and looking for a process server to reserve your claim and waste more of your own time and money on the lawsuit you are working so hard to get the money back from. If you work this is very hard.

•You have no one to guide or assist you with doing the documents and each court has different rules and regulations that must be followed and if you don’t you could jeopardize your case.

•You have to find someone or a process server and pay them to serve your papers and type and file your proof of service(s)

• All documents have a time frame and must be done and log in with the court by certain days or your case will be dismissed.

Hiring EZ Small Claims to assist you with your small claims
PROS
• We professionally prepare all of the documents for your small claims court case by typing them all for you taking the stress and burden off you .

• We conduct name searches with the county records office and in our database to make sure the defendants are listed correctly on your small claims.

• We file your claim with the appropriate California court this is very important and many people who file on their own file in the wrong court.

• We will professionally serve the defendant (the person or entity that you are suing) with all necessary court documents.

•Our process servers are license and bonded by the state.

• We type and file proof(s) of service with the court after the defendant(s) have been successfully served for you.

•We are here for questions and concerns during your entire claims process if needed.

•When requested we will send you a small claims pointers packet to help you to know what to expect when going to court.

•We are here for ongoing customer care and support before your court date during the whole process to answer and address your needs. .

•We handle all the hard work for you, by typing, filing, serving, and filing the proof of service all for you. We take the stress and worry off you by handling it for you. This means you have more time in the day to do what is most important to you and let someone else handle and worry about the important dates.

• We will remind you of your court date and time and send you all your documents again in case you lose them.

• You have the assurance that your case is being handled professionally.

• At EZ Small Claims We help you from start to finish and are here every step of the way for you. From the start to finish we are here for you.

CONS
Hiring EZ Small Claims to assist you with your small claims.

•Now you do have to pay a document preparation fee of $100.00 for us to type and file your small claim, but I don’t see this as a con, we do so much more that goes along with the document preparation fee and you really get more bang for your buck as we go the extra mile for our clients.
We know our clients by name and not a order number. You filing fee and process serving fee is refundable added on top of the judgment so you are only actually paying $100.00 to EZ Small Claims.

Many companies are out there can assist your with your small claims lawsuit, but I like to say at EZ Small Claims we go above and beyond for our clients and give you the time to answers your questions, concerns, and help you prepare for court at no added cost.
If your case is a local Southern California case we are fast and the turnaround time is fast compare to other companies out there that it can take weeks to over a month or two to get a copy of your filed small claims back in less you pay rush fee’s. Even with Northern California we still have your documents back faster than any other leading company out there.

It is your choice what you like to do as far as filing your small claims yourself or hire a company to assist you. At EZ Small Claims we are rated A+ with the BBB and have a 5 star rating on Facebook and Google.

If you like us to assist you with you small claims please visit our website at www.ezsmallclaims.net or call our office at (909) 986-0883

If you have a #QuestionOfTheDayOnSmallClaimsCourt please message me or email me at SKQUESTIONOFTHEDAY@GMAIL.COM
Any question on #SmallClaims Court I’ll be happy to answer your questions in my #SKQOTD.

Kindest Regards,
SK Strong
Small Claims Specialist
EZ Small Claims
www.ezsmallclaims.net

#SmallClaim #SmallClaims


Counter Suing When You Are Sued First! Filing A Defendant’s Claim In Small Claims Court

Today’s SK Question Of The day on #SmallClaimsCourt comes from Kenny Lee ! Hello SK I would like to know how I sue someone back if they sue me first ?

Hi Kenny , Sure it called counter suing and is a defendant’s claim and if you been sued first then you counter sue!
If the person suing you (called “the plaintiff”) owes you money , or cause you financial harm , you can ask the court to decide your claim and the plaintiff’s claim at the same time. If you want to do this, you must normally file and serve a defendant’s claim using the correct form! You must serve them at least 5 days before the hearing date. But, if you were served with the Plaintiff’s Claim ten days or less before the hearing date you must file and serve your defendant’s claim at least 1 day before the hearing date.
Kenny Keep in mind that, if you want to sue the plaintiff as part of the claim he or she filed against you, you have to meet the requirements for small claims. This means that you cannot ask for more than $10,000 in your claim. If you are a business or other entity (like a government entity) or corporation you cannot ask for more than $5,000. And you cannot have a attorney represent you in court. But you can talk to an attorney before or after your court trial but you must represent yourself at small claims court!

If you want to ask for more than $10,000 (for individuals) or $5,000 (businesses and other entities), you need to sue in the civil division of the superior court and not in small claims court. In the civil division, attorney’s can represent each side in a civil lawsuit !

Civil claims are a lot more money for filing and the turn around time is much longer then small claims court ! Small claims is more affordable and you don’t need an attorney to represent you in a small claims case you represent yourself!

If you’re suing for over $10,000 then it’s best to do a civil complaint for money with an attorney

FYI: You can only file a defendant’s claim against those who have sued you first. For example, if you were only sued by the owner of a car for a car accident you were in and not sued by the driver of that car, then you cannot file a defendant’s claim against both the owner and the driver. Only who sued you , make since ?

I hope this answers your #QuestionOfTheDayOnSmallClaimsCourt

If you have a question of the day on #SmallClaimsCourt please submit your questions too me at skquestionoftheday@gmail.com

and Ill be happy to answer your #QOTD for you on #SmallClaims

Kindest Regards,
SK Strong

EZ Small Claims

#SmallClaim #Smallclaims #EZSmallClaims #EZSmallClaimsMadeEZ #EasySmallClaims #ProcessServing #APlusRatingWithBBB #31YearsOfDoingBusiness 

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