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You are here: Small Claims > Research Your Case
Car Accidents With Out-of-State Drivers
Car Repair
Collect Unpaid Wages
Sue a State or Local Government Agency
Send a Property Agent to Represent You
Security Deposits
Problems With Home Improvement Contractors
Sue for a Bad Check
Sue for a "Stop Payment" Check
Car Accidents With Out-of-State Drivers
- File your case like any other.
But make sure to ask for a hearing that is at least 70 days away. Also, under the defendant's name and address write:
Serve: Dept. of Motor Vehicles
Attn: Legal Office
E-128
2415 First Avenue
Sacramento, CA 95818
- The clerk will give you copies of the claim.
- Send 1 copy to the DMV by registered mail with a $2 check. You can also hire a process server to serve the DMV. DMV stands for Department of Motor Vehicles
 . Address:
Attn: Legal Office, E-128
DMV
2415 First Avenue
Sacramento, CA 95818
- Serve the out-of-state driver with the other copy after you get an "acknowledgment of receipt" form from the DMV. Call the sheriff's department where the driver lives or hire a process server in that state to serve the driver.
- Then file the acknowledgment of receipt from the DMV and the Proof of Service-Small Claims (form SC-104) with the small claims court.
Car Repair
California has a Bureau of Automotive Repair (BAR) to keep repair shops from taking advantage of you. If you're unhappy with work done on your car, you can file a complaint with the BAR.
Before you file a complaint
Talk to the repair shop service manager.
Keep these tips in mind:
- Be polite and stay calm.
- Explain your problem.
- Tell the service manager what you think is a fair settlement.
- Tell the service manager if you are willing to negotiate.
- If you can't work it out, tell the service manager you're going to file a complaint with the BAR.
How do I file a complaint with the Bureau of Automotive Repair (BAR)?
Get a complaint form from the BAR. (Click here for a list of BAR forms.) Fill it out and return it to them. Make sure to save all your receipts. BAR may ask for them.
What happens after I file?
You'll get a postcard telling you your case number and the name of your BAR representative.
The representative will try to work things out with the repair shop for you. You'll get phone calls and letters with information about your case.
What if we can't work things out?
If the shop broke any laws, the BAR will get proof. Then they may give the shop a "Notice of Violation."
You'll be told when your case is closed.
Remember: BAR can't represent you in court or collect money for you.
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Collect Unpaid Wages
You can sue for unpaid wages if:
- You weren't paid for work you did; and
- You may be entitled to statutory damages under Labor Code 203. Check with the small claims legal advisor.
If you qualify to use the services of the California Division of Labor Standards Enforcement, file a claim with them before filing with the small claims court. Look at their Web site for help or call them at: 1-415-557-7878.
- Click here to see a list of their offices in California.
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Sue a State or Local Government Agency
To sue a government agency you need to prove that:
- You filed a claim with that agency; AND
- The agency rejected your claim. File a copy of your rejection letter with your small claims court claim. If you heard nothing, the claim is deemed rejected after 45 days.
- You filed your small claims court claim less than 6 months after the agency rejected your claim.
| You cannot sue a federal government agency in small claims court. |
How can I present my claim to the government agency?
Get an official claim form from the agency:
- If your claim is against your county government, get the forms from the county clerk.
- If your claim is against the city government, get the forms from the city clerk.
- · If your claim is against the State of California, contact State Board of Control. Click here to find the mailing address of the State Board of Control, Government Claims Division .
- If your claim is against another agency, get the forms from that agency.
When do I have to file with the agency?
If your property was damaged, you have 6 months to file. If your claim is about a contract, you have 1 year to file after the contract was broken. Ask a lawyer about filing a late claim.
The agency will tell you if your claim is approved or denied. If you hear nothing it is considered denied after 45 days.
What can I do if my claim is denied?
If the agency denies your claim, you can sue in small claims court. If you receive a written rejection of your claim by the governmental agency, you have 6 months from the date the notice was personally delivered or deposited in the mail to file the claim. If you don't get a rejection letter, you have 2 years to file from the day the incident occurred.
What happens after I file in small claims court?
Everything is the same as any other small claims court case. Name the public agency as the defendant.
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Send a Property Agent to Represent You
If you own a rental property, you may be able to send a property agent to small claims court to represent you.
You can do this if:
- The property agent manages your building; and
- You didn't hire the agent just to represent you in court; and
- The claim is about the property.
The property agent must give the court a "declaration" at the hearing. You can fill out and use an Authorization to Appear (Small Claims) (form SC-109) as your declaration or you may draft your own by using a blank declaration form.
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Security Deposits
A security deposit is any money a landlord takes from a tenant in case the property is damaged.
How much can a security deposit be?
If security deposit is for a residential property without furniture, the security deposit may equal 2 times the rent.
If the residence is furnished the landlord may charge up to 3 times the rent.
There is no restriction on the amount of the security deposit for the rental of a commercial property.
Does a security deposit have to be returned?
If a tenant damages the property, the landlord can deduct the cost of fixing it from the security deposit. But if the tenant returns the rental in substantially the same condition in which it was rented (less reasonable wear and tear), the landlord must return the deposit. A landlord can't make tenants pay for painting, new carpets or curtains, unless there was serious damage. The landlord is allowed to deduct the cost of cleaning if necessary to put the unit back to the same level of cleanliness it was in at the time the property was leased (less reasonable wear and tear).
Within 2 weeks of the tenant's move-out date, the landlord must advise the tenant, in writing, of the right to be present at a walk-through with the landlord. The purpose of the inspection is to allow the tenant an opportunity to repair damage pointed out by the landlord.
When can I get my deposit back?
After you move out, a landlord has 3 weeks to return the security deposit or send a list of how much each of the damages cost including all receipts. Click here for help writing a letter asking a landlord to return a security deposit. A landlord can only charge a tenant for unpaid rent and for fixing damage by the tenant that wasn't caused by normal use.
Note: If you also paid "last month's rent," that rent will not be returned. It must be used for your last month's rent.
Must I notify the landlord before I move out?
Yes. If you pay rent once a month, you have to give your landlord 30 days' notice in writing. If you don't, the landlord can charge you for the unpaid rent. Unless a new tenant pays the rent, you'll have to pay for those 30 days. If you pay rent every week, you have to give 7 days' notice.
What if I think the landlord is keeping too much money for repairs?
The landlord has to prove that the repairs are necessary and reasonable and must provide you with receipts for those repairs.
What if I don't get my deposit back after 3 weeks?
Write a letter to your landlord if you feel too much was retained from your security deposit and explain why you believe you are entitled to a larger refund.
Keep a copy of the letter for your records.
What if I can't agree with the landlord?
File a claim in small claims court. You can sue for the deposit plus twice the amount of the security deposit in damages. The judge will give you damages if the landlord retained your deposit in bad faith.
What if the rental is sold while I still live there?
Both owners can be responsible for returning your deposit when you move. The previous owner can give the new owner your deposit and send you a letter telling you the name, address, and phone number of the new owner and how much money was transferred. Then the new owner has to return your deposit. Otherwise you should request that the previous owner return it.
What if only 1 roommate is moving out?
If the person moving out paid the deposit to another roommate, that roommate has to return the deposit. If the person moving out gave the deposit to the landlord, the landlord returns the deposit.
Roommate situations are complicated. Make sure your rental agreement says what everyone's rights and responsibilities are.
Where can I find more information?
Click here to get more information from the Department of Consumer Affairs' Web site.
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Problems With Home Improvement Contractors
In general, contractors that fix your home must have a license from the State of California. To find out if your contractor is licensed, call the Contractors State License Board at 1-800-321-2752.
Can I sue a contractor for not having a license?
You can only sue a contractor that doesn't have a license if he or she does any work for you. You can sue an unlicensed contractor for any money you paid him or her to do work for you. But, the work the unlicensed contractor did must be of $500 or more, including labor and materials.
How much money can I sue for?
In small claims court, an individual may sue for up to $7,500. If an unlicensed contractor did work that requires a license to do and causes damage, you may sue for the damage the contractor caused plus 3 times the amount of the damages.
Keep in mind that if the damage the contractor caused forces you to tear all the work down and start over again, you may be able to sue for all the money you paid the contractor plus the cost of tearing out the bad work and starting over. And, 3 times the amount of the damages too.
What if my licensed contractor can't pay?
A contractor has to pay a $12,500 bond to be able to get a license. If there is a violation of the licensing law, you can sue the company that holds the bond. Name that company as a defendant. The licensing law at Business and Professions Code, Chapter 9 (starting at section 7000) .
Call the Contractors State License Board at 1-800-321-2752 to get the name of the bonding company.
Note: The bonding company is a guarantor. You can only sue a guarantor for up to $4,000 ($2,500 if they don't charge for the guarantee). But, you can sue a guarantor for up to $7500 if you are a natural person filing against the Registrar of the Contractors' State License Board.
Can a contractor sue a homeowner?
Yes. If a contractor did not need a license to do the work, she or he can sue for payment. If they did need a license, they can't sue unless they had a license when the work was done.
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Sue for a Bad Check
If someone writes you a bad check, you can sue for 3 times the amount of the checkup to an additional $1,500 (maximum) plus the original amount of the check.
How do I sue for a bad check?
- Send a bad check demand letter to the person who wrote the check by certified mail with return receipt requested. In your letter, demand to be paid within 30 days by cash or money order the following amounts: the amount of the check, the cost of certified mail and the service fee, charged by your bank up to $25 and up to $35 for each subsequent check.
- Then wait 30 days. If you aren't paid in 30 days, the full amount of the check, plus the cost of certified mail, plus your bank fees, then sue in small claims court for the amount of the check, plus the statutory damages (Civil Code section 1719 ) of 3 times the amount of the check, up to an additional $1,500
What should I bring to my hearing?
- A copy of the demand letter you sent.
- Proof from the post office that you sent the letter certified mail.
- Any other papers you need to prove your case. For example, bank statements, notes about your conversations, or any other letters to or from the check writer.
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Sue for a "Stop Payment" Check
If someone stops payment on a check without a good faith dispute, you can sue for the amount of the check plus 3 times the amount of the check, with a minimum of $100 and a maximum of $1,500.
How do I sue?
What should I bring to my hearing?
Bring a copy of the letter you sent and proof from the post office that the letter was sent by certified mail.
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Last modified: 03/17/2008
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