Los Angeles Small Claims Court
Los Angeles small claims court
The Los Angeles small claims court is a division of the Superior Court that hears cases that involve torts, contracts, and landlord/tenant actions where the amount in question is no greater than $7,500; $5,000 if the plaintiff is a business. The Los Angeles small claims court is a court of limited jurisdiction that is presided over by a judge who makes all decisions, including the verdict. There are no jury trials in small claims court and no party is permitted to have an attorney in the courtroom. Los Angeles small claims court actions exist to allow plaintiffs, with limited time and resources, to file actions against a defendant for small amounts of money. In the Los Angeles small claims court the rules of evidence are non-existent and the rules of civil procedure are relaxed.
In order to commence a Los Angeles small claims action a plaintiff must file a Complaint with the clerk of the Superior Court where there is jurisdiction. Personal jurisdiction is had in the Superior Court if the defendant resides, can be found, where the contract was signed or performed, or where the cause of action accrued in the city of Los Angeles. The complaint may be picked up at the clerk’s office or by downloading the form off of the courts website. The Complaint must contain the names, addresses and phone numbers of all the parties involved in the suit; the amount of damages being sought; and an explanation of why the defendant owes the plaintiff money. The clerk of the court will charge a filing fee in order to process the complaint.
Once the Complaint is filed the plaintiff must arrange for service of process on the defendant. This is to ensure that the defendant is aware of the action against him, when and where to appear in court, and a chance to reply to the allegations. Service of process may be done by two ways. Either the clerk can send the Complaint and Summons to the defendant by certified mail with return receipt requested; or the plaintiff can arrange for law enforcement to personally serve process upon the defendant.
If you are looking to file a claim in a Los Angeles small claims court you may search the Los Angeles small claims court losangelescountysmallclaimscourt.com to find the court that has jurisdiction over your case.
