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 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 

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