Q: We have a lot of questions because we are filing a small claims court case, and the other party (a contractor) says he is going to counter sue. So, how do we go about filing, serving, dealing with his claim, submitting our records, witnesses, all that? Also, what about appeals?
Y.R., Redondo Beach
A: First, in your web browser go to the county where you reside, type in “Small Claims Court basics” or a similar phrase, as each county may have some differences on how paperwork is filed (often e-filed nowadays), what and when you submit records to the court, and how you may keep track of the matter. You also want to check to be sure you have a proper court location for the case (i.e., the right venue).
For your review, here are two helpful links you can find online that provide details about small claims, the process and the “how to”: dcba.lacounty.gov/portfolio/how-to-sue-in-small-claims-court and selfhelp.courts.ca.gov/small-claims-california.
If the links do not work for you, type in key phrases in your web browser, such as “California Courts, self-help, Small Claims Court,” or “California, Small Claims Court, Basics.”
As the party who brings the small claims case (plaintiff), you cannot appeal if you lose; the defendant can if he or she loses on your claim. But if you lose on the contractor’s counter-claim, you can appeal that judgment. There is a limited time frame to file the appeal (keep track of it).
Further, an appeal is handled “de novo,” that is, heard all over again by someone else. You can have an attorney represent you on an appeal (but you cannot be represented by a lawyer at the initial small claims hearing). Note, there is a penalty if a party appeals but the court concludes the appeal was primarily for delay.
Many counties have a small claims court adviser you can call during weekday business hours. In Los Angeles County, the phone number is 213-974-6350; in Orange County, the phone number is 714-571-5277. While the advisers…
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