California Small Claims Attorney Assistance
California Small Claims Low-Cost Attorney Assistance
For better or worse, California's Small Claims divisions of its Superior Courts make it relatively easy file a lawsuit against an individual or an entity. Generally, courts are much more willing to assist an individual who has filed a small claims lawsuit than one who has filed a lawsuit in a limited or unlimited jurisdiction California State Court.
However, there are still many strategic decisions that must be made and technical questions that arise, even in small claims court. Our firm has substantial experience in assisting litigants in small claims both at the original small claims trial and during the trial de novo.
Note that generally (with some exceptions) attorneys may not represent the litigants in a California small claims trial. However, attorneys may represent the litigants in the appeal of a small claims judgment. Moreover, litigants can always seek the advice and other services of an attorney in the small claims process.
Our Firm Provides Services to Plaintiffs and Defendants in Small Claims Court in California
We advise our clients and provide the following services in the California Small Claims process:
- Decide Whether to file a California small claims action. Litigants should seek advice of experienced counsel on whether to file in small claims as opposed to filing in an unlimited jurisdiction state court, a federal court, arbitration, etc.
- How to File a California Small Claims Action. Our firm prepares all of the documents, including the lawsuit, a pre-litigation demand letter, and other necessary documents.
- How to Respond to a California Small Claims Lawsuit if You're a Defendant. If you or your business has been sued in small claims court, we can advise you on how to properly respond. For example, you may be able to challenge whether you were properly served, whether the location selected by the plaintiff for the trial is proper, and we can help you prepare your defenses for trial. Of course, we can also advise you on whether to file a counterclaim against the plaintiff if you think they owe you money.
- Continue the California Small Claims Trial. If you are not available on the small claims trial date, we can help you get the date moved.
- Preparation of Trial Brief for the California Small Claims Trial. We research the law and prepare a brief for our client to submit to the small claims trial judge. This serves two primary purposes: (1) it advises the judge on the law and the reasons why our client should prevail, and (2) it serves as a roadmap and even a 'script' for our client to follow during the small claims trial.
- Preparation of Trial Exhibits for the California Small Claims Trial. Judges always appreciate it when a party is well-organized. It makes their job easier. We prepare exhibit notebooks for our clients to present and reference at trial that includes all of the salient documents in the case.
- Appeals: We Appear for You and Represent You at the Small Claims Appeal Hearing. California allows defendants to appeal a small claims judgment against them. Our firm can appear for you at the Small Claims Appeal hearing, which is a trial de novo (a new trial) that takes place in California Superior Court. We will present the salient evidence (including testimony of witnesses and exhibits), the legal arguments in your favor, and we will address the arguments and evidence presented by the opposing side.
- Small Claims Judgment Collection: If you are the prevailing party, we can help you collect on the judgment entered in your favor.