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We're improving online instructions for Small Claims! CAUTION: Even if the requirements to allow the employee to represent their employer are met, this does not mean that their testimony is sufficient to win the case. Some judges may require the testimony of the employee who worked on the account and who has personal knowledge of the history of the account in order to render a judgment for the company.
The representative must state that he or she is actually authorized to represent the party, and must describe the basis for that authorization, such as a letter from the represented party. Spouses may represent each other in small claims court if they have a joint interest in the claim or defense, and the represented spouse has given his or her consent.
For example, if both spouses are listed on the lawsuit, one may appear for the other as long as consent had been given. However, one spouse may not represent the other spouse if the court decides that justice would not be served—such as where their interests are not the same and may conflict.
The represented spouse need not come to court if the judge allows representation. Some courts may require court approval before the trial. Please check with your local small claims court clerk office or advisors as to the need to obtain pre-trial court approval for your spouse to represent you. Examples of other disputes that might be resolved in small claims court are: Your former landlord refuses to return the security deposit you paid.
Someone dents your car's fender and refuses to pay for its repair. Your new TV will not work, and the store refuses to fix it or replace it.
Your tenant caused damage to the apartment in an amount that exceeded the security deposit. Note: You can't file an eviction action in small claims court. You were defrauded in the purchase of a car, and desire to cancel the purchase and get back the amount of your down payment from the seller.
You lent money to a friend, and he or she refuses to re-pay it. Have You Considered Mediation? Small Claims Adviser —Small claims advisers provide free, individual, personal advisory services to small claims disputants. The law requires each county to provide a small claims advisory service.
Some advisers are available only by phone, others by e-mail, while others may be visited in an office setting. Some advisory services provide recorded advice by phone. Some advisory services provide in-person workshops. All small claims advisers provide information regarding the procedural rules. Some will also assist you in preparing your case. To locate your local small claims adviser, contact the local small claims clerk or look in your telephone directory. While the Consumer Law Sourcebook is written principally for judges and small claims advisers, some disputants find it useful.
Most county law libraries make reference copies available to the public. Your county law library may also have books on the subject of your claim. Internet Resources — The Internet offers countless sources of information. Court forms can be viewed and printed at the Judicial Council's self-help Web sites listed above.
The following Web sites provide access to federal and California statutes and regulations: Federal statutes — www. Attorneys — An attorney may be able to advise and assist you before or after filing your claim.
You should consult an attorney if you feel it would be cost-effective to do so, considering the size of the claim and the kinds of issues involved. You do have the right to hire an attorney to represent you for trial de novos new trials or to help you collect your judgment. For a list of attorney referral services, go to the website of the State Bar of California at State Bar of California.
If you can't afford an attorney, a legal services program might be able to help. Who Can File or Defend a Claim? Can Someone Else Represent You? Basic Considerations and Questions Self-representation is usually required. There are, however, several exceptions to this general rule: If the court determines that a party is unable to properly present his or her claim or defense for any reason, the court may allow another individual to assist that party.
Previous Page. Index: All Small Claims Pages. This guide can help you: Start a small claims case Respond if you're sued in small claims court Take steps to collect if you won or pay or appeal if you lost and owe money Find resources to help. Small claims basics Small claims court allows you to sue a person, business, or government agency that you think owes you money.
Learn more COVID rental debt is unpaid rent due from March 1, to September 30, , and any other money owed, like parking fees, under a rental agreement. Help your tenant obtain government rental assistance.
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