View attached explanation and answer. Let me know if you have any questions.
1
Small Claims Lawsuits
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A)
Where do you obtain the form you need to file a small claims suit against another
person? Attach a copy or link to a website of this form to your paper.
I will be using the Santa Clara County Superior court. In the Santa Clara County Court, a
person can file in the county district where the defendants reside, and this makes it easier for the
defendant to defend themselves; the case is filed in their jurisdiction. It is proper to indicate on the
Order to Defendant form and the Plaintiff’s Claim that the small claims lawsuit is filed in the right
court to avoid dismissal. A claimant can file the small claims suit in the Santa Clara Small Claims
Court Clerk (Downtown Superior Court, 1st floor). A plaintiff can obtain the small claims form to
file a lawsuit against the defendant from the court’s clerk’s office. Alternatively, a person can
obtain a fillable form from the superior court’s website. Also, a plaintiff can obtain the form by
mailing a letter to the Santa Clara County court asking for the small claims form, and the letter
should have a stamped and self-enclosed envelope. (link to the superior court of California: County
of Santa Clara https://www.scscourt.org/court_divisions/small_claims/small_claims_home.shtml
).
B) In your own words, summarize the steps to file a small claims suit in a California County.
There are seven distinct steps that a claimant should use to file a small claims suit. Firstly,
it is significant to find out who the defendant is. Finding out the defendant’s name (whether the
defendant is a person or business) is highly critical, as it helps the plaintiff name them correctly in
the defendant’s claim. It is important to have an individual’s or business’s exact name; secondguessing or using the improper name can disqualify the claimant from obtaining any money, even
after the defendant wins the case (Santa Clara Claims court, 2021). The second step is to seek
payment. The small claims case mandates a defendant to ask for money from th…
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