Free Microsoft Word - forms and instructions for filing a small claims action 01... - California

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN SMALL CLAIMS DIVISION, Stockton Branch 222 E. Weber Ave. # 303 Stockton, CA 95202 (209) 468-2949 Manteca Branch 315 E. Center St. Manteca, CA 95336 (209) 239-9188 Tracy Branch 475 E. Tenth St. Tracy, CA 95376 (209) 831-5902 Lodi Branch 315 W. Elm St. Lodi, CA 95240 (209) 331-2101

RE: FORMS AND INSTRUCTIONS FOR FILING A SMALL CLAIMS ACTION DEAR LITIGANT: Please read both sides of the "Information for the Small Claims Plaintiff" form enclosed. You may also go online to request the handbook THE DOS AND DON'TS OF USING THE SMALL CLAIMS COURT" at www.dca.ca.gov. After reading the Information Sheet if you have any questions which are not of a legal nature you may contact the SMALL CLAIMS ADVISOR, between the hours of 12 p.m. and 5 p.m. Monday through Thursday at (209) 473-6463. Please fill out the PLAINTIFF'S CLAIM AND ORDER TO GO TO SMALL CLAIMS COURT completely. This form may be either typed or hand written in blue or black ink, as long as it is legible. All information must be completed in order for us to be able to process your claim. Be sure to sign this form as required. You will need to provide the original, one copy for yourself and two copies for each defendant, to the court. If you will be filing through the mail, you must do the following: (1) Advise the Clerk as to how you intend to have the Defendant(s) served to come to Court, (2) Enclose your check made payable to San Joaquin County Superior Court, for the correct filing fee, (see attached list) and (3) Enclose a selfaddressed, stamped envelope so that we may return your copies. The fee to have the Court serve the Defendant(s) by certified mail is $10.00 per person named on your claim. This fee must be paid when your Claim is filed. If you choose this method of service, you must telephone the court two weeks after we have filed your claim and ask if the certified mail was claimed. If the certified mail is claimed your matter will be placed on calendar. If the certified mail is not claimed, your matter will not be placed on calendar. When calling to verify this information, be sure to refer to your Small Claims Case Number. If you choose to have the San Joaquin County Sheriff serve your Claim you can contact them at (209) 468-4475 to inquire about the fees and requirements. Please request PROOF OF SERVICE forms if you choose to have an individual over 18 years of age, who is not a party to the action, serve your claim. YOUR PROOF THAT THE DEFENDANT HAS BEEN SERVED WITH THE CLAIM MUST BE FILED WITH THIS COURT AT LEAST FIVE (5) DAYS PRIOR TO THE HEAIRNG DATE ASSIGNED.

(01/07)