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