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What to Do If You Are Suing Checklist

Find a Person or Business

Find the Right Court

Fill Out Your Forms

File Your Claim

Serve Your Claim

Change Your Claim or Court Date

What to Do After Your Hearing Checklist

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What to Do If You Are Suing Checklist

  1. Talk to the person or business you're thinking about suing. Try to work things out before going to court. If you need help finding a person or business, click here.
    Click here for help writing a letter to the person or business asking for payment.
    Click here for help writing a letter asking a landlord to return a security deposit.
    Click here for help writing a bad check/stop payment demand check.
  2. Try mediation or other alternatives to lawyers and courts.
  3. Learn about how small claims court works. Go to the courthouse and watch a small claims hearing. That way you'll know what to expect. Read this Web site and use the resources we list, including your local resources (such as the small claims legal advisor). The Department of Consumer Affairs' This is an external link. Click this icon for our external linking policy. Web site has a very helpful guide called The Small Claims Court A Guide to Its Practical Use This is an external link. Click this icon for our external linking policy.. You can also research your case on this site.
  4. If you decide to go to court, Find the Right Court and Fill Out Your Forms.
  5. File Your Claim.
  6. Serve every defendant before the deadline. A proof of service (form SC-104) must be filed for each person served.
  7. To Get Ready for Court you should:
    • Go to the courthouse and watch a small claims hearing. That way you'll know what to expect.
    • Think about what you're going to say.
    • Get your evidence ready.
    • Talk to witnesses.
  8. Go to your hearing.
  9. Read the What to Do After Your Hearing Checklist for more tips.

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