Fill out Form SC-100, Plaintiff's Claim and ORDER to Go to Small Claims Court with Instafill.ai
Form SC-100, Plaintiff's Claim and ORDER to Go to Small Claims Court, is a legal document used in California to initiate a small claims court case. It allows individuals or entities to sue for amounts up to $12,500 ($6,250 for corporations and other businesses) in a simplified legal process designed to be accessible without requiring a lawyer. The form is important for resolving disputes efficiently and cost-effectively.
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Form specifications
| Form name: | Form SC-100, Plaintiff's Claim and ORDER to Go to Small Claims Court |
| Form issued by: | Judicial Council of California |
| Number of fields: | 140 |
| Number of pages: | 6 |
| Version: | 2024 |
| Download form: | https://courts.ca.gov/sites/default/files/courts/default/2024-11/sc100.pdf |
| Language: | English |
Form SC-100, Plaintiff's Claim and ORDER to Go to Small Claims Court free printable template
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- 1 Visit instafill.ai site and select SC-100
- 2 Fill in court name and address
- 3 Enter plaintiff and defendant details
- 4 Describe the claim and amount owed
- 5 Sign and date the form electronically
- 6 Check for accuracy and submit form
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Frequently Asked Questions About Form SC-100
Form SC-100, Plaintiff's Claim and ORDER to Go to Small Claims Court, is used by a plaintiff to initiate a lawsuit in small claims court. It outlines the plaintiff's claim against the defendant and includes an order for both parties to appear in court on a specified date.
In Form SC-100, the plaintiff is the person or entity filing the lawsuit to seek compensation or resolution for a dispute. The defendant is the person or entity against whom the lawsuit is filed and who is required to respond to the claims made by the plaintiff.
If the defendant does not attend the court date listed on Form SC-100, the court may enter a default judgment in favor of the plaintiff. This means the plaintiff could win the case by default, and the defendant may be ordered to pay the amount claimed by the plaintiff without the defendant's side of the story being considered.
A defendant can prepare for the small claims court trial by reviewing the plaintiff's claim carefully, gathering all relevant evidence and documents, preparing a clear and concise defense, and possibly consulting with a legal advisor. It's also important to organize any witnesses who can support the defendant's case and to practice presenting the case clearly and respectfully.
Small claims courts provide various accommodations for individuals with disabilities or hearing impairments, including sign language interpreters, assistive listening devices, and wheelchair accessibility. It's important to contact the court in advance to request any necessary accommodations to ensure full participation in the court proceedings.
The maximum amount that can be claimed in small claims court varies by jurisdiction. Typically, for individuals, it ranges from $2,500 to $10,000, and for businesses, it may be higher or the same, depending on the state or country's laws. It's important to check the specific limits in your jurisdiction before filing a claim.
Yes, a defendant can use their own interpreter in small claims court if they do not speak or understand English well enough to participate in the proceedings. However, the court may need to approve the interpreter beforehand to ensure they are qualified and impartial.
A defendant being sued in small claims court has several options: they can pay the claim, negotiate a settlement with the plaintiff, file a counterclaim if they believe the plaintiff owes them money, or prepare a defense and present their case at the trial. It's also possible to request a postponement of the trial date if necessary.
A defendant can request a change of the trial date by filing a formal request with the small claims court as soon as they know they need a postponement. The request should explain the reason for the change, such as a scheduling conflict or the need for more time to prepare. The court will then decide whether to grant the request based on the circumstances.
In most jurisdictions, a plaintiff can appeal a small claims court decision, but the process and grounds for appeal are limited. Typically, appeals are only allowed based on legal errors made during the trial, not because the plaintiff disagrees with the outcome. The plaintiff must file the appeal within a specified time frame after the judgment.
To request an interpreter for the trial in small claims court, you typically need to file a Request for Interpreter form or a similar document specific to your court's requirements. It's advisable to contact the small claims court clerk's office where your case is filed to confirm the exact form needed and any deadlines for submission.
A defendant can file a claim against the plaintiff in the same small claims case by submitting a Defendant's Claim form (often referred to as a counterclaim) to the court where the original claim was filed. This must be done within the timeframe specified by the court, usually before the hearing date. The defendant should provide details of their claim and pay any required filing fees.
If a defendant believes the small claims court is the wrong venue for the case, they should file a Motion to Transfer or a similar motion with the court, stating the reasons why the case should be moved to a different venue. This might include arguments that the case should be heard in another jurisdiction due to where the parties live or where the incident occurred. It's important to file this motion as soon as possible and to attend any scheduled hearings to argue the motion.
To settle a case before the trial date in small claims court, the parties can negotiate an agreement on their own or through mediation. If an agreement is reached, the parties should inform the court in writing, and they may need to submit a dismissal form to officially close the case. Some courts offer mediation services to help parties reach a settlement without going to trial.
A defendant can obtain the necessary court forms for small claims court by visiting the court's website where the case is filed, contacting the court clerk's office, or visiting the court in person. Many courts provide forms online for free download. It's important to use the correct forms specific to the court where the case is filed and to follow all instructions carefully.
If a defendant does not respond to the small claims court summons, the court may enter a default judgment in favor of the plaintiff. This means the plaintiff could win the case by default, and the defendant may be ordered to pay the amount claimed or comply with other court-ordered remedies without having had the opportunity to present their side.
Yes, there can be exceptions to the maximum claim amounts in small claims court depending on the jurisdiction. Some states or localities may have different limits for certain types of claims, such as those involving personal injury or property damage. It's important to check the specific rules and limits in your local small claims court.
The Small Claims Advisor provides free assistance to individuals involved in small claims court cases. Their role includes helping parties understand the small claims process, explaining court procedures, assisting with form completion, and offering guidance on how to present a case. However, they cannot provide legal advice or represent any party in court.
A defendant can prove their case in small claims court by presenting evidence such as contracts, receipts, photographs, emails, or witness testimony that supports their position. It's important to organize the evidence clearly and be prepared to explain how it relates to the case. The defendant should also be ready to respond to the plaintiff's claims directly and concisely.
To appeal a small claims court decision, the appealing party must typically file a notice of appeal within a specified time frame after the judgment, often 30 days. The appellant may need to pay a filing fee and possibly a bond. The appeal process varies by jurisdiction, but generally involves a review of the case by a higher court, which may not consider new evidence. It's advisable to consult the local court rules or seek legal advice when considering an appeal.
You can download a printable version of Form SC-100
here.
Compliance SC-100
Validation Checks by Instafill.ai
1
Verifies that the court name and street address are accurately filled in at the top of the form.
Ensures that the court name and street address are correctly entered at the top of the form to maintain the document's validity. Confirms the accuracy of this information to prevent any delays or issues in court processing. Validates that the details match the official records to ensure the form is directed to the correct jurisdiction. Checks for completeness and legibility to facilitate smooth court proceedings.
2
Confirms that the plaintiff's name, phone number, street address, mailing address (if different), and email address (if available) are listed in section 1, and checks for the attachment of form SC-100A if there are more than two plaintiffs.
Verifies that all required plaintiff information is accurately provided in section 1 to establish the plaintiff's identity and contact details. Ensures the inclusion of phone number, street address, and optional mailing and email addresses for effective communication. Checks for the attachment of form SC-100A when there are more than two plaintiffs to comply with court requirements. Validates the completeness of this section to avoid any procedural setbacks in the claim process.
3
Ensures that the defendant's name, phone number, street address, and mailing address (if different) are listed in section 2, including the person or agent authorized for service of process if the defendant is a corporation, LLC, or public entity.
Confirms the accurate listing of the defendant's details in section 2 to ensure proper identification and service of process. Validates the inclusion of phone number and addresses for effective legal communication. Checks for the designation of an authorized agent for service of process in cases involving corporations, LLCs, or public entities to comply with legal standards. Ensures all necessary information is present to facilitate the legal proceedings without delays.
4
Validates that section 3 contains a clear statement of the amount the defendant owes, including an explanation of why, when it happened, and how the amount was calculated.
Ensures section 3 provides a detailed and clear statement of the claimed amount to establish the basis of the plaintiff's claim. Verifies the inclusion of an explanation regarding the reason, timing, and calculation method of the owed amount for transparency. Confirms the clarity and completeness of this information to support the plaintiff's case. Checks for logical consistency in the calculation to uphold the claim's validity in court.
5
Checks that section 4 answers whether the plaintiff has asked the defendant to pay before suing.
Verifies that section 4 accurately reflects whether the plaintiff has previously requested payment from the defendant before filing the claim. Ensures this information is clearly stated to demonstrate the plaintiff's attempt at resolution prior to legal action. Confirms the presence of this detail to comply with court requirements and procedures. Checks for completeness to avoid any questions regarding the claim's preliminaries during court review.
6
Confirms that section 5 explains why the claim is being filed at the specified courthouse and checks the applicable area, including listing the zip code of the place checked if known.
Ensures that the plaintiff provides a clear explanation for filing the claim at the specified courthouse. Verifies that the applicable area is checked, confirming jurisdiction. Checks for the inclusion of the zip code of the place, if known, to further validate the location. This step is crucial for establishing the correct venue for the small claims case.
7
Verifies that section 7 answers whether the claim is about an attorney-client fee dispute.
Confirms that the plaintiff has indicated whether the claim involves a dispute over attorney-client fees. This validation is important as it determines if specific rules and procedures for fee disputes apply. Ensures the court is aware of the nature of the claim for proper handling. It aids in categorizing the claim correctly within the small claims system.
8
Ensures that section 8 indicates whether a written claim was filed with the public entity first, if suing a public entity.
Validates that the plaintiff has disclosed whether a written claim was previously filed with the public entity, a necessary step when suing a public entity. Confirms compliance with procedural requirements for claims against public entities. Ensures that the plaintiff has followed the prerequisite steps before filing in small claims court. This check is vital for maintaining the integrity of the legal process against public entities.
9
Validates that section 9 answers whether the plaintiff has filed more than 12 other small claims within the last 12 months in California.
Checks if the plaintiff has disclosed the number of small claims filed in California within the last year, specifically if more than 12. Ensures compliance with state regulations limiting the number of claims an individual can file. Verifies the plaintiff's eligibility to file another claim under California law. This validation helps prevent abuse of the small claims court system.
10
Confirms that section 10 indicates if the claim is for more than $2,500.
Ensures that the plaintiff has specified whether the claim amount exceeds $2,500, the maximum limit for small claims in California. Verifies the claim's eligibility to be processed in small claims court based on the amount. Confirms that the plaintiff understands the financial limits of small claims jurisdiction. This check is essential for determining the appropriate court for the claim's adjudication.
11
Checks that the declaration in section 11 is read and understood, and that the form is signed and dated.
Ensures that the plaintiff has thoroughly read and understood the declaration in section 11, confirming their acknowledgment of the legal implications. Verifies the presence of a valid signature and date on the form, indicating the plaintiff's agreement to the terms. Confirms that the declaration is not left blank, ensuring all necessary legal formalities are met. Validates that the signing and dating are done in accordance with the court's requirements to avoid any procedural delays.
12
Ensures that copies of all pages of the form and any attachments are made for each party named in the case and an extra copy for the plaintiff.
Verifies that complete copies of the form, including all pages and any supplementary attachments, are prepared for every party involved in the case. Confirms the creation of an additional copy for the plaintiff's records, ensuring they retain a complete set of documents. Checks that the copies are clear and legible, facilitating easy review by all parties. Ensures that no pages or attachments are omitted, maintaining the integrity of the submitted documents.
13
Verifies that the original and copies are taken or mailed to the court clerk’s office with the filing fee paid, and that the clerk writes the date of the trial in the box provided.
Confirms that the original form and all necessary copies are either personally delivered or mailed to the court clerk's office. Ensures that the filing fee is paid in full, as required by the court's fee schedule. Verifies that the court clerk accurately records the trial date in the designated box on the form. Checks that the submission process adheres to the court's deadlines and procedural rules to prevent any filing issues.
14
Confirms that someone at least 18 years old, not involved in the case, gives each defendant a court-stamped copy of all pages of the form and any required attachments.
Ensures that service of the form and attachments to each defendant is performed by an individual who is at least 18 years old and has no involvement in the case. Verifies that the served documents include all pages and any necessary attachments, stamped by the court. Confirms that the service process complies with legal standards, ensuring defendants are properly notified. Checks that the server provides proof of service, documenting the delivery to each defendant.
15
Ensures the plaintiff attends court on the trial date, bringing necessary witnesses, receipts, and evidence to prove the case.
Verifies that the plaintiff is present in court on the scheduled trial date, ready to present their case. Confirms the plaintiff brings all relevant witnesses, receipts, and evidence to substantiate their claims. Ensures that the evidence and witnesses are prepared and organized, facilitating a smooth court proceeding. Checks that the plaintiff understands the importance of their attendance and preparation for a favorable outcome.
Common Mistakes in Completing SC-100
Filling in the wrong court name or address can lead to delays or dismissal of the case. It's crucial to verify the correct court jurisdiction where the claim should be filed. This information is typically available on the court's website or by contacting the court directly. Ensuring accuracy here prevents unnecessary setbacks in the legal process.
Omitting or providing incorrect contact information for the plaintiff can hinder communication from the court or the defendant. This includes full legal name, current address, phone number, and email if available. Accurate contact details ensure that all parties can reach the plaintiff for case updates or settlements. Double-checking this section for completeness and correctness is essential for a smooth legal proceeding.
Similar to the plaintiff's information, missing or incorrect details for the defendant can delay the case or prevent proper service of the claim. It's important to provide as much accurate information as possible about the defendant, including their full name and last known address. This ensures the defendant is properly notified and the case can proceed without unnecessary delays. Verifying this information before submission is a critical step.
When there are more than two plaintiffs, form SC-100A must be attached to list all additional plaintiffs. Neglecting to include this form can result in the court not recognizing all parties involved in the claim. This oversight may require resubmission of documents, causing delays. Always review the number of plaintiffs and attach the necessary forms to avoid procedural errors.
An incomplete or unclear explanation of the amount owed can weaken the plaintiff's case. This section should detail how the amount was calculated, including any damages, fees, or costs. Providing a clear, itemized breakdown supports the claim's validity and helps the court understand the basis of the lawsuit. Taking the time to thoroughly complete this section can significantly impact the case's outcome.
Failing to indicate whether payment was requested before filing the lawsuit can lead to delays or dismissal of the case. It is crucial to clearly state if a demand for payment was made, as this demonstrates an attempt to resolve the matter without court intervention. Providing this information helps the court understand the steps taken prior to litigation. Always ensure this section is completed accurately to avoid unnecessary complications.
An incorrect or missing justification for filing at a specific courthouse can result in the case being transferred or dismissed. The justification must align with legal requirements, such as the defendant's location or where the incident occurred. Accurate completion of this section ensures the case is heard in the appropriate jurisdiction. Double-check the details to comply with jurisdictional rules.
Omitting the zip code for the checked area in section 5 can cause processing delays or errors. The zip code is essential for identifying the correct courthouse and ensuring proper case handling. Always verify that the zip code is included and matches the courthouse location. This small detail can significantly impact the efficiency of your filing.
Leaving the attorney-client fee dispute question unanswered in section 7 can lead to misunderstandings or incomplete case evaluation. This question is vital for cases involving fee disputes, as it informs the court about the nature of the claim. Providing a clear response helps the court assess the validity of the dispute. Ensure this section is completed to avoid potential issues.
Not indicating whether a claim was filed with a public entity before suing can affect the case's progression. This information is necessary to determine if all preliminary steps were taken, especially when dealing with public entities. Accurate disclosure ensures compliance with legal prerequisites. Always confirm and provide this detail to prevent procedural setbacks.
Failing to disclose whether more than 12 small claims have been filed in California within the past 12 months can lead to delays or dismissal of the case. This information is crucial for the court to assess the frequency and nature of claims filed by the plaintiff. To avoid this mistake, carefully review your filing history before completing section 9. Ensure accuracy by consulting records or legal counsel if unsure about the number of claims filed.
Inaccurately stating the claim amount can affect the court's jurisdiction and the case's outcome. The claim amount must reflect the actual damages or losses suffered. To prevent errors, double-check all calculations and supporting documents before filling out section 10. Consulting with a legal professional can also help ensure the amount is correctly represented.
Omitting a signature or date on the form invalidates the document, rendering it non-compliant with court requirements. The signature serves as a verification of the truthfulness and accuracy of the information provided. Always review the form to confirm that all required sections, including the signature and date in section 11, are completed. Consider using a checklist to ensure no steps are missed during the filing process.
Insufficient copies of the form and attachments can delay proceedings, as all parties involved must receive a copy. This includes the defendant, the court, and possibly other relevant parties. To avoid this oversight, prepare one copy for each party plus an additional copy for your records. Verify the number of required copies with the court clerk to ensure compliance with local rules.
Neglecting to pay the filing fee or submit the completed forms to the court clerk can halt the legal process before it begins. The filing fee is a mandatory part of initiating a small claims case. Ensure timely payment and submission by confirming the fee amount and accepted payment methods with the court in advance. Keeping a receipt of payment and submission can serve as proof of compliance.
Failing to properly serve the Form SC-100 to each defendant can lead to delays or dismissal of the case. It is crucial to follow the court's specific service requirements, which may include personal delivery, certified mail, or publication. Ensure that the service is completed within the timeframe set by the court and that proof of service is filed. Consulting the court's guidelines or seeking legal advice can help avoid this mistake.
Missing the trial date can result in an automatic loss of the case, while failing to bring necessary evidence and witnesses can weaken your position. It is important to mark the trial date on your calendar and set reminders. Prepare all relevant documents, photos, contracts, and any other evidence well in advance. Also, confirm the availability of your witnesses and ensure they understand the importance of their attendance. Proper preparation is key to presenting a strong case in small claims court.
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