The Active Legal provides the support you need for filing a small claims suit in San Diego county.
Using The Active Legal is easy. Start by getting informed with some of the most common questions regarding Small Claims, see how much you can file a claim for and most importantly whether you have a basis for a small claim suit.
With our assistance, it’s easier than ever to get your money back!
Top Reasons To Use Small Claims
- Security deposit
- Car Accidents
- Property Damage
- Collection of money owed
- Suing a collection agency
- Creditors that pull your credit file without permissible purpose
- Collection of money owed
Before going to small claims, it’s advisable that you try to resolve the matter formally through a demand letter or cease and desist letter.
Demand letters are legal documents sent between two parties when a wrong has occurred. Typically written by attorneys, demand letters request that the party that is receiving the letter right an injustice that has befallen the victim as a result of the receiver’s actions. Wrongs can include things like breach of contract, not following through with an obligation, being involved in a car accident, or any other offense that resulted in some sort of disadvantage or injury to another party.
Writing out demand letters asking another party for restitution is what precedes an actual lawsuit. It’s essentially the step before you get to court, but after more amicable attempts have been made to recover compensation for damages. You can say they work as a warning or strong reminder – an attempt that one party makes to get paid by the other, before actually having to bring them to court.
These letters are not a legally binding order against another party. Cease and desist letters, also, do not convey or hold jurisdiction for a lawsuit.
Small Claims Checklists for California!
- What is the maximum amount you can sue for?
You can sue for up to $10,000, if you are an individual or a sole proprietor. Corporations and other entities are limited to $5,000. In addition, a party (individuals or corporations) can file no more than two claims exceeding $2,500 in any court throughout the State of California during a calendar year.
- What’s the statue of Limitations for your case in California?
California Code of Civil Procedure section 335.1 gives you two years, starting from the date of the underlying accident or incident, to file a civil lawsuit seeking a legal remedy (compensation) for “injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
- What’s the statute of limitations in California with a written contract?
If the contract is written, the statute of limitations is four years under California Code of Civil Procedure section 337(a). If the contract is oral, however, the statute of limitations is only two years. That’s section 339(1) of the California Code of Civil Procedure.
- What’s the statute of limitations in california Property Damage