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What to Do If You Are Suing Checklist

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Find the Right Court

Each county in California has a small claims court. You have to figure out which county's small claims court is the right court for your claim. You'll file your claim in this court. If you bring your claim in the wrong court, the court may dismiss your case and you will have to refile in the correct court.

Click here to find a county if you know a city name or zip code.

Usually, you file your claim in the court where the defendant lives or does business.

For more help, click on the question below that fits your case:


What if I'm suing because of a contract?
You can file in the county where you signed the contract. You can also file where the defendant lived or worked when you signed the contract.

If you know the right court to use, click here for help filling out your forms.

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What if the defendant is a corporation?
You can sue in the county where the contract was broken. If you were hurt, or if your property was damaged, you can file in the county where that happened. You can also file where the defendant's business is located.

If you know the right court to use, click here for help filling out your forms.

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What if I don't have a contract, but the defendant owes me money?
File your case in the county where the defendant lived or where the defendant's business was located when you made the agreement. You can also file where the defendant lives or where the defendant's business is located now.

If you know the right court to use, click here for help filling out your forms.

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What if I'm suing because someone owes me money for layaway, a sales contract, or a car sale?
You can sue:

  • Where the buyer lives;
  • Where the buyer lived when you signed the contract;
  • Where the buyer signed the contract; or
  • Where the car or other thing involved in the dispute is located.

If you know the right court to use, click here for help filling out your forms.

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What if none of these questions fits my case or I'm not sure what to do?
Click here This is an external link. Click this icon for our external linking policy. to get help from the Department of Consumer Affairs' Web site.

You can also contact a small claims legal advisor for help. Click here to find the small claims legal advisor in your county.

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