CLIPBOARD : HOW TO FILE IN SMALL-CLAIMS COURT

A person can sue another person or a business in small claims court if the following three conditions are met:

1. The monetary amount the person is seeking does not exceed $2,000.

2. The money is owed directly to the person filing the claim.

3. The person filing the claim has made a written or oral demand for payment.

To file a small claims action in Orange County, the debt or damage must have occurred in the municipal court district in which the case is filed OR the defendant must reside in that district. You can file by mail or by stopping by the appropriate court during filing hours. If filing by mail, you must send a self-addressed, stamped envelope to the proper district court, with a cover letter requesting small claims court action forms.

Here are the five districts in the county, their mailing addresses and their jurisdictions:

North Orange Municipal Court District 1275 N. Berkeley Ave. Fullerton, Calif. 92632 Phone: (714) 773-4416 Jurisdiction: Anaheim, Brea, Buena Park, Fullerton, La Habra, La Palma, Placentia and Yorba Linda Filing hours: 8 a.m. to 4:30 p.m. Monday-Friday

Harbor Municipal Court District 4601 Jamboree Road Newport Beach, Calif. 92660 Phone: (714) 476-4764 Jurisdiction: Costa Mesa, Newport Beach, Corona del Mar, Balboa Island, Balboa Peninsula, Irvine, John Wayne Airport area and Santa Ana Heights Filing hours: 8 a.m. to 4 p.m. Monday-Friday

South Orange Municipal Court District 30143 Crown Valley Parkway Laguna Niguel, Calif. 92677 Phone: (714) 472-6968 Jurisdiction: Dana Point, El Toro, Mission Viejo, Laguna Beach, Laguna Hills, Laguna Niguel, Rancho Santa Margarita, San Clemente and San Juan Capistrano Filing hours: 8 a.m. to 4 p.m. Monday-Friday

West Orange Municipal Court District 8141 13th St. Westminster, Calif. 92683 Phone: (714) 896-7191 Jurisdiction: Cypress, Fountain Valley, Garden Grove, Huntington Beach, Los Alamitos, Midway City, Rossmoor, Seal Beach, Stanton, Sunset Beach, Surfside and Westminster Filing hours: 8 a.m. to 4:30 p.m. Monday-Friday

Central Orange Municipal Court District 700 Civic Center Drive West Santa Ana, Calif. 92702 Phone: (714) 834-3584 Jurisdiction: El Modena, Modjeska Canyon, Orange, Santa Ana, Silverado Canyon, Tustin and Villa Park Filing hours: 8 a.m. to 4 p.m. Monday-Friday

OTHER REQUIREMENTS

* You must know the correct legal name and address of the person and/or business you are suing.

* The cost to file is $8 for each person and/or business being sued, up to 12 filed in any 12-month period. If more than 12 people and/or businesses are sued by the same person in one year, the cost is $16 for each additional suit.

* If you are filing a small claim against a business, you must provide the business owner’s name. You must also determine whether the business is a corporation, and, if so, the corporation’s correct and full name.

* There are three ways you can “serve” defendants, or let them know you are suing them so they can appear in court. You, the plaintiff, decide the method. You can pay the U.S. marshal (provided by the court) $20 to do so, you can have the court clerk attempt to serve the defendant by certified mail for $4, or you can have a disinterested party attempt to do so.

ADVICE

The county offers a small claims adviser program. For recorded general information, call TELETIP at (714) 567-7475. To talk to a small claims adviser, call (714) 567-5006.

COURT PROCESS

The court will notify you as to when your case will be heard. You must appear at the notified time, with all of the supporting paper work to prove your case. This will include canceled checks, contracts, billing statements and anything else that will help support your contentions.

The judge has three options upon hearing your case: 1) find in your favor; 2) find in the defendant’s favor, or 3) take it under advisement and notify you by mail as to a decision. If the court decides in your favor, it is your responsibility to collect. The court does not collect it for you, it only renders a judgment. For an additional fee, the court will supply orders and documents to help you collect.

Source: Individual districts of the Orange County Municipal Court