California > Local County > Santa Barbara > Small Claims
Small Claims Instruction Packet SC-7000 - California
| Small Claims Instruction Packet Form. This is a California form and can be used in Small Claims Santa Barbara Local County . |
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA SMALL CLAIMS INSTRUCTION PACKET Plaintiff The party/person who sues Defendant The party/person being sued Plaintiff's Claim: If you wish to sue someone in Small Claims, you must file a Plaintiff's Claim (SC100). Defendant's Claim: If you are being sued and wish to counter-sue, you must file a Defendant's Claim (SC 120). Please be advised that if you file a Defendant's Claim, you are still listed as the Defendant on your claim as well as on the Plaintiff's Claim. General Information: The limit on a claim by a natural person is $7,500. The limit on a claim by a business is $5,000. Your forms may be hand-printed only if you use dark blue or black ink; NO CURSIVE. If your printed document is not legible to the clerk, it may be rejected. It is your responsibility to have the spelling and addresses correct. If you file your claim in the wrong court, the court may dismiss the claim. Upon receipt of the above paperwork and fees, the court will assign a case number and set a hearing date and time to appear. If the defendant lives in Santa Barbara County, the court date will be set approximately, but no more than, 40 days from the date of filing. (CCP 116.330) If the defendant lives out of Santa Barbara County, the court date will be set approximately, but no more than, 70 days from the date of filing. (CCP 116.330) Filing Fees: Filing a claim for $1,500 or less is $30. Filing a claim for more than $1,500 but less than or equal to $5,000 is $50. Filing a claim for more than $5,000 but less than or equal to $7,500 (by natural persons only) is $75. Filing a claim by person who has filed more than 12 small claims in California within the previous 12 months is $100. If you are paying by check or money order, please make it payable to "Clerk of the Superior Court." Please include a separate check for each filing. Manner of Service: After you have filed your claim with the court, you must have the party that you are suing served with a copy of the claim. Service is not valid if you perform it yourself; you must have a disinterested party serve the claim. Decide how you want the other party(s) served from the options below and inform the clerk at the time of filing. 1) 2) Sheriff's Service: You are responsible for contacting the Sheriff's Office for service and paying their service fee. Disinterested Party (over 18 years): You may have a process server or someone you know serve the claim on the party(s). You are responsible for giving a copy of the claim to the person conducting the service and you must return the original proof of service to the court at least three court days prior to the hearing date. Certified mail ($10.00 per defendant): The court will mail a copy of the claim to the other party(s) by certified mail, restricted delivery, and return receipt requested. However, if a person other than the party named signs for the letter, it will be up to the judge to decide if proper service was obtained. Certified mail is often less successful than other methods of service and may delay the hearing. If the signature on the receipt is not legible and the party does not appear at the hearing, the judge may not accept the signature as proof that the party was properly served. If the Post Office has not returned proof of service to the court by the time of the hearing, the court has no way to determine if your party has been served. You will need to appear at the court hearing to ask for a continuance. In the event that the party does not appear, the court may continue the hearing so that valid service may be obtained. If service by certified mail is not effective, you will need to use another method of service. 3) Warning - Without the proof of service, the case may be dismissed. SC-7000 [Rev. Jan. 1, 2006] 1 American LegalNet, Inc. www.USCourtForms.com 1) WHAT IF I NEED A CONTINUANCE BECAUSE THE PARTY HAS NOT BEEN SERVED? (a) Appear at the hearing and request a new hearing date so that you can continue your efforts to have your party served; OR (b) Three court days before the hearing date, you may go to the clerk's office with all your copies of your claim to request that the hearing be reset. Then you can continue your efforts to have your party served and submit proof of service to the court. 2) WHAT IF I DO NOT APPEAR IN COURT ON THE HEARING DATE? WARNING: If you do not appear at the hearing, nor request a new hearing date by going to the clerk's office at least three days prior to the court date, your claim could be dismissed without prejudice. To pursue the matter further, you will have to re-file your claim and pay filing fees again. 3) IF YOU NEED TO CHANGE THE DATE AFTER THE DEFENDANT HAS RECEIVED A COPY OF THE CLAIM: (a) You must make a written request to the court, send a copy of your request to the defendant and pay a $10.00 fee. (b) Your written request must state the reason why you are requesting to change the court date. (c) Your request must be submitted at least 10 days before the hearing date. If it is not submitted in a timely manner, your request must state a reason for the delay. (d) You may request a date and time when you can appear; however, the setting of the court date will be at the discretion of the court. BE ADVISED THAT THE OFFICE PERSONNEL CANNOT GIVE YOU LEGAL ADVICE. HOWEVER, YOU MAY CONTACT THE SMALL CLAIMS ADVISOR AS FOLLOWS: SANTA BARBARA . . . . . . . . . . . 568-3303 SANTA MARIA . . . . . . . . . . . . . 349-1289 LOMPOC . . . . . . . . . . . . . . . . . . . 349-1289 or 737-7775 Ext. 3303 SANTA YNEZ VALLEY . . . . . . . 349-1289 or 686-5011 Ext. 3303 4) SMALL CLAIMS FORMS AND ADDITIONAL INFORMATION ABOUT SMALL CLAIMS MAY BE OBTAINED FROM THESE FOLLOWING WEB SITES: FORMS: http://www.sbcourts.org/general_info/formslist.htm Local Court Forms http://www.sbcourts.org/jcf/ Judicial Council "fill-in and print" forms http://www.accesslaw.com/ Judicial Council "fill-in and print" forms Other helpful Websites: (Partial List) www.dca.ca.gov/smallclaims http://www.courtinfo.ca.gov/reference/guide-smallclaims.htm www.courtinfo.ca.gov/smallclaims/ www.sucorte.ca.gov - (Spanish website) www.ss.ca.gov California Secretary of the State SC-7000 [Rev. Sept. 15, 2004] 2 American LegalNet, Inc. www.USCourtForms.com GUIDELINES ON NAMING THE PARTIES It is important to name the party(s) properly in order to enforce any judgment you obtain. INDIVIDUALS, ETC. 1. Individual Persons: Individual persons should be named
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