CITY SMART: How to thrive in the urban environment of Southern California. : Making It Happen : Having Your Day in Court--Sans Lawyer

It doesn’t have to take years of waiting and expensive legal fees to have your day in court. In fact, you don’t even need a lawyer.

Here is how a person can get access and justice in less than two months through a lawsuit in Small Claims Court.

* In California, the maximum amount you can sue for in small claims court is $5,000. A plaintiff cannot file claims of more than $2,500 more than twice a year. There is a $1,500 limit for lawsuits involving surety companies.

* Forms to file a claim are free. When requesting a form, send a large, self-addressed, stamped envelope with three 32-cent stamps to: Los Angeles County Municipal Court, Small Claims Division, 110 N. Grand Ave., Room 429, Los Angeles 90012, or to the court nearest you. Forms will be returned with a detailed instruction sheet.

* Filing fees are $15.

* After forms are completed and filed, have them served on the defendant.

* There are three valid ways a plaintiff can serve a small claims lawsuit on a defendant. Personal service: Have an adult other than yourself hand the claim to the defendant. Certified mail: Pay the clerk of the court $6 for the mailing. The service is only effective, however, if the defendant signs for the letter showing that it has been received. Substituted service: The Los Angeles County Sheriff’s Department will serve defendants for $25 each.

* Most cases are heard within 40 days after papers are filed.

* Defendant must be served 10 days before the trial date if they live within the county.

* If you need help filing, some courts offer small claims advisers who can assist you with the paperwork and give tips on what information and documentation you should have when you go to court. For information, (213) 974-6133.

* Attorneys are not allowed in the courtroom, except when representing themselves.

* Be prepared when you go to court. You are expected to appear with all the information and documentation--receipts, invoices, photographs, canceled checks, etc.--necessary to prove your case. You cannot expect to persuade a judge in your favor unless you are prepared to adequately explain the facts and legal theory that support your case.

* You should bring evidence to court to support each of the crucial facts of your argument. Pictures and diagrams are always helpful. Witnesses may be subpoenaed. Witnesses may prepare written statements of their testimony if they are unavailable to attend the hearing.

* Individuals stand at opposing podiums in front of a judge, state what happened and how much money they believe is owed them--or why they think they are not obligated to pay. A judgment is usually rendered on the spot.

“Everybody’s Guide to Small Claims Court” by Ralph Warner offers practical, detailed advice about court procedures and a summary of common legal issues.