Before going to a minor claims court, you will resolve three issues: If the judge decides that the case has not been filed in a correct county, that is, the place chosen by the plaintiff is not properly the judge must dismiss the case without prejudice, unless all the accused are present in court and accept that the case can be heard at that time. If the case has been filed in a real county, but in the wrong court of that county, the case is either transferred to an appropriate court in that county or without prejudice. It is always wise to require the full amount you can prove, because if the accused does not appear in court, the judgment the court issues in your case will be limited to the amount you have requested and can prove. As a general rule, an action must be filed in the county (and the place of the court) where the defendant resides. This general rule promotes fairness, as it is generally easier for a defendant to defend a case when it is filed in the place where the defendant resides. You must pay a deposit fee to the small claims court if you file your file. If you cannot afford to pay these fees, you can ask the court to waive these fees (sorry). You can apply for a court waiver by filling out and filing an application for a waiver of court costs (form FW-001). For information on the standards used by the court to approve or reject your application, contact the Clerk of the Court Fee Waiver Information Sheet (Form FW-001-INFO) or visit the Judicial Council`s self-help website and print your own copy.
When you submit your file, you must indicate on your application form (form SC-100) why the court where you filed your application is a regular court. In particular, in cases that have been filed against an accused who resides outside the county (or outside the jurisdiction in which the court is located), the judge will carefully consider and determine whether the court is appropriate for that case. To sue someone for breach of an oral contract, you must prove the existence of a binding agreement. A legally binding oral or written contract contains four basic elements: only the largest counties are subdivided into courts. Wenn ein Landkreis nicht in zwei oder mehr Bereiche des Gerichts unterteilt ist, kann eine Klage, die in diesem Landkreis ordnungsgem-eingereicht werden kann, bei jedem kleinen Anspruchsgericht innerhalb des Landkreiss eingereicht werden. A small claims counselor can also show you a map showing the legal situation in the counties (z.B. Los Angeles County) where there is more than one jurisdiction in the county.