Los Angeles County- California Small Claim Content
Filing a small claim Los Angeles County California can feel difficult, but with the right help, it is a process you can handle. Whether you are the person suing (Plaintiff) or the one being sued (Defendant), it is important to know the steps, costs, and possible outcomes. This comprehensive guide will explain each part of filing a small claim in Los Angeles, from the first paperwork to what happens if either side tries to delay the case.
What is a Small Claims Court?
In Los Angeles County California small claims court is a special court where people can settle disagreements over relatively small amounts of money. In Los Angeles, the most you can claim is $12,500. This court is made to be user-friendly, with simple rules so people can represent themselves without needing a lawyer.
When to think about filing a small claim in Los Angeles?
You might think about filing a small claim in Los Angeles if someone owes you money or if you have had a financial loss that you can prove. Common reasons for filing small claim in Los Angeles include:
Los Angeles County Small claims Courts locations and Phone Number
There are multiple court houses located in Los Angeles County that handles wide range of small claims lawsuits:
- Unpaid debts: If someone owes you money and would not pay.
- Property damage: If someone damages your property because of their carelessness.
- Breach of contract: If someone does not follow through on a contract.
- Security deposit disputes: If a landlord unfairly keeps your security deposit.
Common types of Lawsuits in Los Angeles Small Claims Court
Knowing the common types of cases for filing in Los Angeles small claims court can help you decide if your issue belongs there. Some of the typical cases are:
Unpaid Debts
In Los Angeles County if someone owes you money for services, loans, or goods, and refuses to pay, you can file a small claim to get your money back. This is one of the most common reasons people use in small claims court.
Landlord-Tenant Disputes
These types of cases often involve arguments about security deposits, unpaid rent, or damage to rental property. Tenants might sue landlords to get their security deposits back, while landlords might sue tenants for unpaid rent or damage to the property.
Property Damage
Property damage lawsuit usually involves damage to personal property, like a car, caused by someone else's carelessness. For example, if someone damages your car and won't pay for the repairs, you can file a small claim to get the repair costs covered in Los Angeles County.
Breach of Contract
If someone does not follow the terms of a contract, whether it's written or verbal, you can sue for breach of contract. Common examples include service providers not doing what they promised or buyers not paying for goods they received.
Personal Injury
More serious personal injury cases usually go to higher courts, but Los Angles small claims court can handle minor injury cases where the damages are under $10,000. This might include minor car accidents or slip-and-fall cases where the medical bills and damages are relatively low.
Calculating the amount to sue for in Small Claims Court
In Los Angels County California, when deciding how much to sue for in small claims court, you need to carefully consider your actual losses. Following is a brief guide on how to figure out the amount:
Direct Financial Losses
Calculate any direct financial losses related to your case, such as:
Unpaid debts
The exact amount someone owes you.
Repair costs
The cost of fixing damaged property.
Unpaid rent
The total rent owed, plus any late fees specified in your lease.
Incidental expenses
Include any extra expenses caused by the issue. For example, if your car was damaged and you had to rent another vehicle while it was being fixed, you can include the rental cost.
Lost wages
If you missed work because of the incident, calculate the number of wages you lost. For instance, if you had to take time off to deal with property damage or attend court, you can include your lost income in the claim.
Emotional distress and inconvenience
While small claims court usually does not award damages for emotional distress, you might be able to claim for serious inconvenience or emotional harm, especially if it is connected to a breach of contract or financial losses.
Interest and penalties
If your case involves unpaid debts, you might be able to add interest on the amount owed, especially if your contract allows for it. If you've faced penalties because someone broke a contract, you can include those as well.
Legal and Filing Fees
You can include any court costs or legal fees you have had to pay as part of your claim. However, in small claims court, these fees are usually minimal.
Unpaid Debts
In Los Angeles County if someone owes you money for services, loans, or goods, and refuses to pay, you can file a small claim to get your money back. This is one of the most common reasons people use in small claims court.
Landlord-Tenant Disputes
These types of cases often involve arguments about security deposits, unpaid rent, or damage to rental property. Tenants might sue landlords to get their security deposits back, while landlords might sue tenants for unpaid rent or damage to the property.
Property Damage
Property damage lawsuit usually involves damage to personal property, like a car, caused by someone else's carelessness. For example, if someone damages your car and won't pay for the repairs, you can file a small claim to get the repair costs covered in Los Angeles County.
Breach of Contract
If someone does not follow the terms of a contract, whether it's written or verbal, you can sue for breach of contract. Common examples include service providers not doing what they promised or buyers not paying for goods they received.
Personal Injury
More serious personal injury cases usually go to higher courts, but Los Angles small claims court can handle minor injury cases where the damages are under $10,000. This might include minor car accidents or slip-and-fall cases where the medical bills and damages are relatively low.
Calculating the amount to sue for in Small Claims Court
In Los Angels County California, when deciding how much to sue for in small claims court, you need to carefully consider your actual losses. Following is a brief guide on how to figure out the amount:
Direct Financial Losses
Calculate any direct financial losses related to your case, such as:
Unpaid debts
The exact amount someone owes you.
Repair costs
The cost of fixing damaged property.
Unpaid rent
The total rent owed, plus any late fees specified in your lease.
Incidental expenses
Include any extra expenses caused by the issue. For example, if your car was damaged and you had to rent another vehicle while it was being fixed, you can include the rental cost.
Lost wages
If you missed work because of the incident, calculate the number of wages you lost. For instance, if you had to take time off to deal with property damage or attend court, you can include your lost income in the claim.
Emotional distress and inconvenience
While small claims court usually does not award damages for emotional distress, you might be able to claim for serious inconvenience or emotional harm, especially if it is connected to a breach of contract or financial losses.
Interest and penalties
If your case involves unpaid debts, you might be able to add interest on the amount owed, especially if your contract allows for it. If you've faced penalties because someone broke a contract, you can include those as well.
Legal and Filing Fees
You can include any court costs or legal fees you have had to pay as part of your claim. However, in small claims court, these fees are usually minimal.
| Claims up to $1,500 | The filing fee is $30 |
| Claims between $1,500 and $5,000 | The filing fee is $50 |
| Claims between $5000 and $12,500 | The filing fee is $70 |
Additional Costs
Service of process fees
The cost of serving the defendant, which can vary based on the method used.
Subpoena fees
If you need to subpoena witnesses or documents, there will be extra charges.
Post-judgment costs
If you win the case and need to enforce the judgment (like garnishing wages), you might have to pay additional fees.
Do you need a Small Claims attorney in Los Angeles?
While small claims court is designed for people to represent themselves, you might wonder if you need a small claims attorney in Los Angeles.
Complex cases
If your case involves complicated legal issues, a small claims attorney can provide helpful advice.
Defendant representation
If you are the defendant and the claim is for a large amount, consulting an attorney could help you build a stronger defense.
Post-judgment assistance
After winning your case, an attorney can help enforce the judgment, especially if the defendant is not cooperating.
When you Don't need an Attorney in Los Angeles County?
In the Los Angeles County, for simple cases with clear facts, you can probably handle the case on your own. Small claims court is designed to be easy to use, with simple procedures and forms that most people can manage without legal help.
Possible outcomes of a Lawsuit in Los Angeles
The outcome of your small claims lawsuit in Los Angeles County depends on the evidence you provide and how the judge interprets the law. Some of the possible outcomes are:
Winning the Case
If you win, the court will issue a judgment in your favor, ordering the defendant to pay the amount you claimed. The defendant usually has 30 days to pay.
Losing the Case
If you lose, you might have to pay the defendant's court costs, including filing fees and other expenses. However, you can appeal the decision within 30 days.
Default Judgment
If the defendant doesn't show up in court, you might get a default judgment, meaning the court rules in your favor automatically. However, you will still need to enforce this judgment to collect the money.
Enforcing a Judgment in Los Angeles County
In the Los Angeles County, winning a judgment is just the first step; getting the money is the next. In order to obtain your money, you need to keep in mind the following points;
Requesting Payment
After the judgment, send a written request for payment to the defendant. If they pay, the case is closed.
Wage Garnishment
If the defendant does not pay, you can ask the court to garnish their wages to collect what you are owed.
