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Plaintiffs Claim And Order To Go To Small Claims Court SC-100 - California

Plaintiffs Claim And Order To Go To Small Claims Court Form. This is a California form and can be used in Small Claims Judicial Council .
 Fillable pdf Last Modified 1/5/2012
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SC-100 Plaintiff's Claim and ORDER to Go to Small Claims Court Clerk stamps date here when form is filed. Notice to the person being sued: · You are the Defendant if your name is listed in 2 on page 2 of this form. The person suing you is the Plaintiff, listed in 1 on page 2. · You and the Plaintiff must go to court on the trial date listed below. If you do not go to court, you may lose the case. · If you lose, the court can order that your wages, money, or property be taken to pay this claim. · Bring witnesses, receipts, and any evidence you need to prove your case. · Read this form and all pages attached to understand the claim against Fill in court name and street address: Superior Court of California, County of you and to protect your rights. Aviso al Demandado: · Usted es el Demandado si su nombre figura en 2 de la página 2 de este formulario. La persona que lo demanda es el Demandante, la que figura en 1 de la página 2. · Usted y el Demandante tienen que presentarse en la corte en la fecha del Clerk fills in case number and case name: Case Number: Case Name: juicio indicada a continuación. Si no se presenta, puede perder el caso. · Si pierde el caso la corte podría ordenar que le quiten de su sueldo, dinero u otros bienes para pagar este reclamo. · Lleve testigos, recibos y cualquier otra prueba que necesite para probar su caso. · Lea este formulario y todas las páginas adjuntas para entender la demanda en su contra y para proteger sus derechos. Order to Go to Court The people in 1 and 2 must go to court: (Clerk fills out section below.) Trial Date Date 1. 2. 3. Date: Clerk, by , Deputy Time Department Name and address of court if different from above Instructions for the person suing: · You are the Plaintiff. The person you are suing is the Defendant. · Before you fill out this form, read Form SC-100-INFO, Information for the Plaintiff, to know your rights. Get SC-100-INFO at any courthouse or county law library, or go to: www.courts.ca.gov/smallclaims/forms. · Fill out pages 2 and 3 of this form. Then make copies of all pages of this form. (Make 1 copy for each party named in this case and an extra copy for yourself.) Take or mail the original and these copies to the court clerk's office and pay the filing fee. The clerk will write the date of your trial in the box above. · You must have someone at least 18--not you or anyone else listed in this case--give each Defendant a court-stamped copy of all 5 pages of this form and any pages this form tells you to attach. There are special rules for "serving," or delivering, this form to public entities, associations, and some businesses. See Forms SC-104, SC-104B, and SC-104C. Go to court on your trial date listed above. Bring witnesses, receipts, and any evidence you need to prove your case. · Judicial Council of California, www.courts.ca.gov Revised January 1, 2012, Mandatory Form Code of Civil Procedure, §§ 116.110 et seq., 116.220(c), 116.340(g) Plaintiff's Claim and ORDER to Go to Small Claims Court (Small Claims) SC-100, Page 1 of 5 American LegalNet, Inc. www.FormsWorkFlow.com Case Number: Plaintiff (list names): 1 The Plaintiff (the person, business, or public entity that is suing) is: Name: Street address: Street City Street City State State Zip Zip Phone: ( ) Mailing address (if different): If more than one Plaintiff, list next Plaintiff here: Name: Street address: Street Street City City Phone: ( State State ) Zip Zip Mailing address (if different): Check here if more than 2 Plaintiffs and attach Form SC-100A. Check here if either Plaintiff listed above is doing business under a fictitious name. If so, attach Form SC-103. 2 The Defendant (the person, business, or public entity being sued) is: Name: Street address: Street Street City City Phone: ( State State ) Zip Zip Mailing address (if different): If more than one Defendant, list next Defendant here: Name: Street address: Street City Street City State State Zip Zip Phone: ( ) Mailing address (if different): Check here if more than 2 Defendants and attach Form SC-100A. Check here if any Defendant is on active military duty, and write his or her name here: 3 The Plaintiff claims the Defendant owes $ a. Why does the Defendant owe the Plaintiff money? . (Explain below): b. When did this happen? (Date): If no specific date, give the time period: Date started: Through: c. How did you calculate the money owed to you? (Do not include court costs or fees for service.) Check here if you need more space. Attach one sheet of paper or Form MC-031 and write "SC-100, Item 3" at the top. Revised January 1, 2012 Plaintiff's Claim and ORDER to Go to Small Claims Court (Small Claims) SC-100, Page 2 of 5 Case Number: Plaintiff (list names): 4 You must ask the Defendant (in person, in writing, or by phone) to pay you before you sue. Have you done this? Yes No If no, explain why not: 5 Why are you filing your claim at this courthouse? This courthouse covers the area (check the one that applies): a. (1) Where the Defendant lives or does business. (4) Where a contract (written or spoken) was made, signed, performed, or broken by the Defendant or (2) Where the Plaintiff's property was damaged. where the Defendant lived or did business when (3) Where the Plaintiff was injured. the Defendant made the contract. b. Where the buyer or lessee signed the contract, lives now, or lived when the contract was made, if this claim is about an offer or contract for personal, family, or household goods, services, or loans. (Code Civ. Proc., § 395(b).) Where the buyer signed the contract, lives now, or lived when the contract was made, if this claim is about a retail installment contract (like a credit card). (Civil Code, § 1812.10.) Where the buyer signed the contract, lives now, or lived when the contract was made, or where the vehicle is permanently garaged, if this claim is about a vehicle finance sale. (Civil Code, § 2984.4.) Other (specify): c. d. e. 6 7 8 List the zip code of the place checked in 5 above (if you know): Is your claim about an attorney-client fee dispute? Yes No If yes, and if you have had arbitration, fill out Form SC-101, attach it to this form, and check here: Yes No If yes, you must file a written claim with the entity first. A claim was filed on (date): If the public entity denies your claim or does not answer within the time allowed by law, you can file this form. Are you suing a public entity? 9 Have you filed more than 12 other small claims within the last 12 months in Cali
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