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Video instructions and help with filling out and completing small claims forms california

Instructions and Help about small claims forms california

Welcome to the Superior Court of California this video will pryou with information about the small claims court process it will also pryou with information about mediation which may help you to resolve your small claims dispute without a trial small claims courts deal with many types of cases involving $10,000 or less for example you can have a small claims case about damage to property security deposits or disputes about payment for services provided small claims court is less formal less time consuming and less expensive than regular civil court lawyers are not allowed to represent the parties in small claims court so the people in the case talked to the judge directly each side explains their case and brings proof and witnesses to back it up then the judge applies the law to the facts and makes a decision based on the law this video will give you a brief overview of the process of filing a small claims case and going to court it will also give you information on the small claims legal adviser a service in every County to help you with your small claims case once you understand what is involved in going to small claims court you will learn about mediation which is an alternative to having a judge decide your case mediation can often be a very good choice for people who have a small claims dispute and this video will explain why mediation may be right for you let's first talk about what a small claims case is like.

FAQ

I plan to represent myself in court and consider myself extremely versatile so I should be able to win it. However, if you could give me one piece of advice, what would it be?
You’re not going to win on a single piece of advice. Here’s the bare minimum you’re going to need to do if you want to win.First, Keep in mind that if the other party has legal counsel, the counsel is going to be way more experienced than you and will be able to anticipate your every move. The easiest way for a pro se litigant to lose is to think that he can outsmart the system or get cute. If you try making any sort of “clever” arguments or start arguing about fairness or justice or the Constitution or the yellow frills on the flag, I guarantee that opposing counsel will make sure your efforts will backfire.Second, Look up the applicable law that you are being accused of (if you’re a defendant) or accusing someone else of (if you’re a plaintiff). If it’s an actual statute number, go to a law library (either the courthouse or local law school will have libraries you can use for free) and find the actual book that the statute appears in. Try to get a book published by either West Publishing or Lexis. After the statute, there is a section called “Notes of Decisions.” Read the entire thing from beginning to end. Any time there’s a note that applies to your case, write down the note, followed by the full case cite that comes after the note. It’s going to look something like Plaintiff v. Defendant, 345 A.2d 567, 570–71 (Me. 2014).Once you have all the cases that apply, go to scholar.google.com, click “case law,” and type in each case that you wrote down. Read the entire case from beginning to end. You’ll need to do something called “briefing,” which means reading through the case, writing down the ultimate “holding” of the case (what that judge said the law is - it will be similar to your note), writing down a couple of the important facts, and writing down who won the case and why. Once you’ve briefed all the cases, go through the cases and compare them to your own case. If you’re the defendant and the defendant won, why was that defendant similar to you? If you’re the defendant and the plaintiff in the case won, why were the facts in that case different, such that the legal holding doesn’t apply?Once you’ve reviewed all the cases, you need to organize them. Go back to the statute and write down all the elements of the law. If you’re not sure what the elements are, Google “what are the elements of _______ in _______?” That’s the order you want to argue your case in.Third, Once you’re at trial, listen very carefully to what the opposing counsel says. This is especially important if you’re the defendant. If the plaintiff’s counsel lays out exactly why you should be held liable, and you respond with “your honor, this isn’t fair because I didn’t mean to,” you’re going to lose. You need to go through the actual arguments that the plaintiff’s counsel makes and explain to the judge why other court cases show why he is wrong. Your opinions don’t matter. (It’s nothing personal—I’m a lawyer, and my opinions don’t matter either.) If you’re the plaintiff, your job is even tougher because you have the burden of proof. If you don’t argue every single element of the case, all the defense counsel has to say is “your honor, the plaintiff didn’t establish element three” and you lose the entire case.If this is a bigger case, there will be significant discovery first. That means both sides have to give evidence to the other side. Don’t skimp on evidence. If you don’t present evidence in discovery, you can’t use it in trial. If you hide bad evidence and the other side knows you hid evidence, the opposing counsel can use that as a basis for you to lose the case as a sanction. Experienced lawyers can “record objections” to discovery to protect themselves from handing over certain evidence, but you’re not an experienced lawyer, so you don’t know the rules. It’s not worth the risk for you to hold back, so just hand over everything. When you ask for evidence, make sure you ask for everything you can possibly think of. If you don’t ask for evidence, the other side doesn’t have to give it to you.Final note—don’t count on having any witnesses. There are so many rules to what you can ask a witness, you can’t hope to learn them all before trial. If you try examining a witness without legal help, the opposing counsel is going to be objecting left and right to everything you ask. Unless you just say “I would like this witness to testify in the narrative” and let them talk, don’t bother. And if you do let them testify in the narrative, expect opposing counsel to accuse you of coaching the witness. Also, every witness you put on the stand is going to get absolutely shredded by opposing counsel, another reason why it’s not worth the risk. You’re just going to need to have all of the documents authenticated in advance (you’ll need to google how to do that), ask for a bench trial, and just do your best explaining the case to the judge. If you’re the defendant and the plaintiff demands a jury, negotiate anything you can to get the plaintiff to agree to a bench trial—judges tend to be sympathetic towards pro se litigants, juries aren’t.Good luck! It’s a lot of work, especially if you don’t have legal training, but the secret to winning a case is not being “versatile,” but being prepared. You can’t just make things up on the day, because you need legal authority (case law) and factual authority (case law). And, statistically speaking, you’re still almost definitely going to lose. Which makes all that work even more important.
What should I do if landlords refused to repay a security deposit?
I successfully sued my landlord in small claims several years ago for failing to return my security deposit. I won and my landlord had to pay me the deposit plus a few extra hundred dollars as a bad faith penalty.To prepare for my case, I watched hours upon hours of "The People's Court" -- America's beloved court show. I kid you not. I think the biggest blunder the plaintiffs made on the show was that they failed to show how the defendant violated a contract or a broke a law. Likewise, defendants usually countersued for no legitimate legal reason. Of course, the show could purposefully select people who sue solely out of anger and an insatiable thirst for revenge. It's TV after all. The more irrational people are, the better.My advice: do your homework on the relevant laws. I did extensive online research on landlord-tenant laws in California. I wrote a brief summary stating the exact civil codes that my landlord violated and even their respective numbers. I also made notes of all of calls and letters sent to Mrs. Loser Landlord. Every time I called her, she said the check was in the mail. I even sent a self-addressed stamped envelope and followed up with her to make sure she received it. I showed up to court armed with evidence and the law on my side.Mrs. Landlord brought her two adult daughters who contradicted each other's stories about why they didn't return my deposit. Mrs. Landlord said my apartment needed extra cleaning because of my cat (RIP Floydy) while one of her daughters said they didn't know where to send it. Mrs. Landlord claims she knew landlord-tenant laws but she clearly didn't follow the rules. The law states landlords must send tenants an itemized list of how the deposit was spent within 21 days of their departure or else they forfeit their right to keep any of the deposit. If the landlord doesn’t know your new address, s/he can send it to the old address and the post office will forward it to your new address.The case took no more than 10 minutes for the judge to determine that the landlord owed me the deposit.My Tip for Going to Small Claims CourtWhile waiting for my case to be called in court, I watched the judge dismiss one case after another because of the second biggest blunder: failing to fill out forms correctly or not following legal codes. For example, a couple sued a store. They listed the manager as the plaintiff instead of the business. The manager may be the one who goes to court to represent the store but he shouldn't have been the named plaintiff. They had to resubmit their application.
Is there a small claims court PDF for California that can be Filled out and Saved online or downloaded?
I believe you are asking whether forms required for small claims actions are available online.The answer is "yes" - start at http://www.courts.ca.gov/selfhel... and follow links from there.
How does a plaintiff initiate a small-claims lawsuit and what are the minimal obligations of a defendant in California?
The specifics depend largely on your jurisdiction - go to your local court's website and see what they have in regard to guides for small claims.Generally speaking, the plaintiff pays a fee and fills out a form, then is given a court date.  The plaintiff may need to notify the defendant themselves, or the court may have an option for the plaintiff to pay for the notice to be served by the county sheriff.  On the court date, the plaintiff must appear, and the defendant may appear.  If the defendant does not appear, a default judgment will be entered against them.  Most courts will now offer an arbitration or mediation alternative if the parties both agree.  If not, then the plaintiff presents their side to the judge, then the defendant does the same, and the judge issues his order in favor of whichever party persuaded them.  It's then up to the plaintiff to execute the judgment and collect the award, if they win the case.
How do I sue someone in small claims court for not returning a security deposit on an apartment?
I did this in Connecticut. I'm not a lawyer and certainly not a landlord/tenant expert, but I'll tell you my experience, which might help.The place was sparkling when I left. A few days after I vacated, the LL left the country without telling me for a few months after I moved out, and then took a couple weeks to return the deposit even once he got back. I sued him for return of the security deposit, plus the extra damages (equal to the whole security deposit) that CT provides for a late return. I was pissed off enough with the LL that I pursued the suit even after he voluntarily returned the deposit, and I won a judgment for the extra statutory damages plus court costs.Here's what I did:* First, I tried calling, to see if we could sort out the problem. He didn't respond because he was out of the country (though I didn't know that at the time).* Next, I sent him letters demanding the security deposit, reminding him of my forwarding address, and threatening legal action. I kept a copy for myself, hand-delivered a copy to his business (which is where I had sent my rent checks), and sent both first-class and certified copies both to his business address and to what I believed to be his home address (based on an Internet search). I kept the certified mail receipts. I might have also posted a copy on my old apartment's door, which faced the street.* Once he got back to town but still gave me the run-around about the deposit, I filed suit. To do that, I filled out the appropriate complaint form (JD-CV-40), and took it to the clerk at the courthouse where the website told me to go, and the clerk put it on the small claims docket of Geographic Area #20. (CT's venue statutes are a real mess. I just reviewed them, and I believe this was correct. In any event, my LL has now forfeited any objection he might have had to the venue.) I kept my receipts from the court filing so that I could claim them later from the LL.* Then, I reviewed my options for serving him. Either I or the court clerk (I can't remember) sent him a copy by certified mail with return receipt to his business address.* While waiting for the court date, I got my records in order, including: a copy of each check I had ever paid to him, especially the first one for the security deposit, my lease, which recited the rent and security amounts (and I think also confirmed that he had received the deposit initially), and copies of all my correspondence with him and the mailing receipts.* I also went to the Small Claims Court to watch proceedings for a couple hours one day, just so that I'd be comfortable with the surroundings and have some idea what would be expected of me.* On the court date, he didn't show up. He may have falsely assumed that I had dropped the suit after he returned my deposit. In any case, the magistrate called me, and it was very quick. I was sworn in, she read out the description of the case from my complaint and asked me whether it was accurate, I said that the security deposit had been returned, so I was only seeking the extra statutory damages plus court costs. I think she also asked how much the court costs had been. And then she entered judgment for me. (Even if he had shown up, I'm sure I would have won. I knew the relevant law, had my facts straight, and was in a frame of mind to be polite and responsive to the judge. That goes a long way in Small Claims.)* Either that day or some time shortly thereafter, I got some kind of official record of the judgment.* Collection has been hard. (To be fair, though, I haven't put much effort into it because I'm largely satisfied with just getting my deposit back.) Not too long after the judgment, he either closed or sold his business, and he lost his home to foreclosure. He also divorced. Not a good year for him. Some time later, he moved out to Northern California, and I don't know where he is now. I've been considering calling up a collections person to see if they might be able to track him down.* The one asset I know about is the condo unit that I rented. I knew he still owned the place because I looked up the unit in the town's property records on its website. (This would be with the county rather than the town in most states.) So, I drew up a document with the requisite information, and filed it with the property clerk. In theory, I could now foreclose on the apartment, but I suspect the unit may be underwater with a mortgage that takes precedence over my lien. Instead, I'm hoping that when it gets above water again and he wants to sell, he'll want to pay me once he finds that no buyer wants the property with a clouded title.* Also, every great once in a while, I check on the websites of the Bankruptcy Courts of Connecticut and the Northern District of California to see whether he's filed for bankruptcy. If he were to file for bankruptcy, I might want to file a claim.So, some key points to think about and find out are:* Is there any way at all to get the deposit back without going to court? Going to court takes a long time, is a hassle, and in the end it might be hard to collect on a judgment.* Basic facts about the LL. Address, phone number. In some states, it might be necessary to know whether he's military. And once it comes time to execute a judgment, as much as possible about his property and financial affairs.* The substantive law: What are you entitled to and why? What defenses might the LL bring up? This may require looking at the statute, that's how I discovered that I was entitled to extra damages. If you have some special situation, is there relevant case law? (This might be worth hiring a lawyer to review.) If you know where your deposit is being held, is there any process to attach the bank account before the court date?* Does your lease say anything that might affect what you're entitled to? (But also consider that some states might not give effect to some kinds of clauses that run in favor of the landlord.)* What evidence do you need to assemble in order to prove the facts that you need to prove? Examples: Evidence that you paid a deposit in the first place, and that you left the apartment in good shape. What sort of evidence will be admissible? (It seems like every episode of People's Court, some litigant tries to tell the judge that so-and-so would testify that such-and-such happened, but couldn't come to court. The response is always: too bad, that's not evidence.)* Which court to file in? Which type ‡ small claims, a special housing court, the general civil court? Which location? I'd start out by looking at a page like Wisconsin Court System - self-help law center.* How do you file a suit in that court? How must you inform the LL once you've filed?* Are you allowed to bring a lawyer? If so, is the claim big enough, complex enough, and likely enough to be recoverable that it would make sense? (In my case, my claim was very straight-forward, wasn't very big, and was probably only moderately collectable, so it didn't make sense to get a lawyer.)
Do military members have to pay any fee for leave or fiancee forms?
NOOOOOOO. You are talking to a military romance scammer. I received an email from the US Army that directly answers your question that is pasted below please keep reading.I believe you are the victim of a military Romance Scam whereas the person you are talking to is a foreign national posing as an American Soldier claiming to be stationed overseas on a peacekeeping mission. That's the key to the scam they always claim to be on a peacekeeping mission.Part of their scam is saying that they have no access to their money that their mission is highly dangerous.If your boyfriend girlfriend/future husband/wife is asking you to do the following or has exhibited this behavior, it is a most likely a scam:Moves to private messaging site immediately after meeting you on Facebook or SnapChat or Instagram or some dating or social media site. Often times they delete the site you met them on right after they asked you to move to a more private messaging siteProfesses love to you very quickly & seems to quote poems and song lyrics along with using their own sort of broken language, as they profess their love and devotion quickly. They also showed concern for your health and love for your family.Promises marriage as soon as he/she gets to state for leave that they asked you to pay for.They Requests money (wire transfers) and Amazon, iTune ,Verizon, etc gift cards, for medicine, religious practices, and leaves to come home, internet access, complete job assignments, help sick friend, get him out of trouble, or anything that sounds fishy.The military does prall the soldier needs including food medical Care and transportation for leave. Trust me, I lived it, you are probably being scammed. I am just trying to show you examples that you are most likely being connned.Below is an email response I received after I sent an inquiry to the US government when I discovered I was scammed. I received this wonderful response back with lots of useful links on how to find and report your scammer. And how to learn more about Romance Scams.Right now you can also copy the picture he gave you and do a google image search and you will hopefully see the pictures of the real person he is impersonating. this doesn't always work and take some digging. if you find the real person you can direct message them and alert them that their image is being used for scamming.Good Luck to you and I'm sorry this may be happening to you. please continue reading the government response I received below it's very informative.   You have contacted an email that is monitored by the U.S. Army Criminal Investigation Command. Unfortunately, this is a common concern. We assure you there is never any reason to send money to anyone claiming to be a Soldier online. If you have only spoken with this person online, it is likely they are not a U.S. Soldier at all. If this is a suspected imposter social media profile, we urge you to report it to that platform as soon as possible. Please continue reading for more resources and answers to other frequently asked questions:  How to report an imposter Facebook profile: Caution-https://www.facebook.com/help/16... Caution-https://www.facebook.com/help/16...   Answers to frequently asked questions:  - Soldiers and their loved ones are not charged money so that the Soldier can go on leave.  - Soldiers are not charged money for secure communications or leave.  - Soldiers do not need permission to get married.  - Soldiers emails are in this format: john.doe.mil@mail.mil Caution-mailto: john.doe.mil@mail.mil anything ending in .us or .com is not an official email account.  - Soldiers have medical insurance, which pays for their medical costs when treated at civilian health care facilities worldwide ‡ family and friends do not need to pay their medical expenses.  - Military aircraft are not used to transport Privately Owned Vehicles.  - Army financial offices are not used to help Soldiers buy or sell items of any kind.  - Soldiers deployed to Combat Zones do not need to solicit money from the public to feed or house themselves or their troops.  - Deployed Soldiers do not find large unclaimed sums of money and need your help to get that money out of the country.  Anyone who tells you one of the above-listed conditions/circumstances is true is likely posing as a Soldier and trying to steal money from you.  We would urge you to immediately cease all contact with this individual.  For more information on avoiding online scams and to report this crime, please see the following sites and articles:   This article may help clarify some of the tricks social media scammers try to use to take advantage of people: Caution-https://www.army.mil/article/61432/ Caution-https://www.army.mil/article/61432/   CID advises vigilance against 'romance scams,' scammers impersonating Soldiers  Caution-https://www.army.mil/article/180749 Caution-https://www.army.mil/article/180749   FBI Internet Crime Complaint Center: Caution-http://www.ic3.gov/default.aspx Caution-http://www.ic3.gov/default.aspx   U.S. Army investigators warn public against romance scams: Caution-https://www.army.mil/article/130... Caution-https://www.army.mil/article/130...   DOD warns troops, families to be cybercrime smart -Caution-http://www.army.mil/article/1450... Caution-http://www.army.mil/article/1450...   Use caution with social networking  Caution-https://www.army.mil/article/146... Caution-https://www.army.mil/article/146...    Please see our frequently asked questions section under scams and legal issues. Caution-http://www.army.mil/faq/ Caution-http://www.army.mil/faq/ or visit Caution-http://www.cid.army.mil/ Caution-http://www.cid.army.mil/ .  The challenge with most scams is determining if an individual is a legitimate member of the US Army. Based on the Privacy Act of 1974, we cannot prthis information. If concerned about a scam you may contact the Better Business Bureau (if it involves a solicitation for money), or local law enforcement. If you're involved in a Facebook or dating site scam, you are free to contact us direct, (571) 305-4056.   If you have a social security number, you can find information about Soldiers online at Caution-https://www.dmdc.osd.mil/appj/sc... Caution-https://www.dmdc.osd.mil/appj/sc... . While this is a free search, it does not help you locate a retiree, but it can tell you if the Soldier is active duty or not.  If more information is needed such as current duty station or location, you can contact the Commander Soldier's Records Data Center (SRDC) by phone or mail and they will help you locate individuals on active duty only, not retirees. There is a fee of $3.50 for businesses to use this service. The check or money order must be made out to the U.S. Treasury. It is not refundable. The address is:  Commander Soldier's Records Data Center (SRDC) 8899 East 56th Street Indianapolis, IN 46249-5301 Phone: 1-866-771-6357  In addition, it is not possible to remove social networking site profiles without legitimate proof of identity theft or a scam. If you suspect fraud on this site, take a screenshot of any advances for money or impersonations and report the account on the social networking platform immediately.  Please submit all information you have on this incident to Caution-www.ic3.gov Caution-http://www.ic3.gov (FBI website, Internet Criminal Complaint Center), immediately stop contact with the scammer (you are potentially providing them more information which can be used to scam you), and learn how to protect yourself against these scams at Caution-http://www.ftc.gov Caution-http://www.ftc.gov (Federal Trade Commission's website)
How do I fill out the disability forms so well that my claim is approved?
Contact Barbara Case, the founder of USA: Providing Free Advocacy & Support She's incredible!
Which forms do I fill out for taxes in California? I have a DBA/sole proprietorship company with less than $1000 in profit. How many forms do I fill out? This is really overwhelming. Do I need to fill the Form 1040-ES? Did the deadline pass?
You need to file two tax returns- one Federal Tax Form and another California State income law.My answer to your questions are for Tax Year 2018The limitation date for tax year 15.04.2018Federal Tax return for Individual is Form 1040 . Since you are carrying on proprietorship business, you will need to fill the Schedule C in Form 1040Form 1040 -ES , as the name suggests is for paying estimated tax for the current year. This is not the actual tax return form. Please note that while Form 1040, which is the return form for individuals, relates to the previous year, the estimated tax form (Form 1040-EZ ) calculates taxes for the current year.As far as , the tax return under tax laws of Californa State is concerned, the Schedule CA (540) Form is to be used for filing state income tax return . You use your federal information (forms 1040) to fill out your 540 FormPrashanthttp://irstaxapp.com