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You are here: Small Claims > What to Do If You Are Suing > Change Your Claim or Court Date
How to Change Your Claim
How to Change Your Court Date
How to Change Your Claim
Change the name of the defendant.
Change what you ask for in your claim.
Remove defendants from your claim.
Change the name of the defendant.
If your claim hasn't been served, go to the small claims court clerk and ask to amend (opens in new window) your claim. Bring your original forms with you. After you file your "amended claim," serve it on the defendant.
If your claim already has been served on any of the defendants, fill out a Request to Amend Party Name Before Hearing (form SC-114) or write a letter to ask for permission to change your claim. File form SC-114 or your letter with the court clerk.
A copy of your form SC-114 or letter must also be mailed or personally delivered to all of the other parties in your case.
Another approach would be simply to ask the judge to amend the plaintiff's name at your hearing. (Civil Procedure Code section 116.560(b)  )
Change what you ask for in a claim.
If your claim hasn't been served, go to the small claims court clerk and ask to have an "amendment" attached to your claim. Bring your original forms with you.
If your claim already has been served on any of the defendants, and you then make any changes, you must re-serve the defendant.
Remove defendants from your claim.
You got something called a "dismissal form" with your claim. Use this form to say which defendants you don't want to sue anymore.
There are two types of dismissals:
"Without Prejudice"-This means that you keep the right to file the claim against the defendant in the future.
"With Prejudice"-This means that you can't file the claim against the defendant in the future.
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How to Change Your Court Date
If you want to change your court date, you must ask for a "continuance."
How do I ask for a continuance?
At least 10 days before your hearing, file (opens in new window) a Request to Postpone Small Claims Hearing (form SC-110). Alternatively, you may also write a letter explaining why you need to change your court date.
Also, mail or personally give a copy of your form SC-110 or letter to the other people named in the claim.
You'll have to pay a $10 fee to ask for the continuance.
What if my hearing is in less than 10 days?
Bring your completed form SC-110 or letter to the clerk's office. Ask them to attach it to your file. Or go to your hearing and ask the judge for a continuance.
In your form SC-110 or letter, give the judge a good reason why you are filing your request late.
Also, mail or personally give a copy of your form SC-110 or letter to the other people named in the claim.
You'll have to pay $10.
If I get a continuance, when will my hearing be?
The court will mail a new date to you and the other people named in your claim.
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Last modified: 03/17/2008
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