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Law
Offices PRACTICAL
CREDIT MANAGEMENT TIPS by John M. Samberg, Esq. SMALL
CLAIMS COURT Part I - Small Claims Court Forms and Procedures 1. Introduction: I have always encouraged my business clients to handle as many of their smaller collection matters as possible through Small Claims Court. The process is faster and less expensive as opposed to collection agencies and conventional litigation, and if handled right can yield immediate results. No attorneys are allowed at the hearing, and this keeps the cost down as well. Most, if not all, of the courts of general jurisdiction in California have small claims divisions. Here in Los Angeles County, the Los Angeles Municipal Court has an extensive small claims system utilizing practicing attorneys as Judges Pro Tem In most cases the Claimant can sue for up to $5,000.00, and several matters can be set for hearing on the same day. This procedure is very efficient, and as I will explain in Part II, may actually encourage settlement with the debtor on the day of trial. 2. Get to Know the Filing Clerk and be Familiar with the Court Forms. If you are going to use the Small Claims Court in your area, take the time to go to the Court and introduce yourself to the Filing Clerk. This is the person that will accept your papers for filing, and will set the hearing date. If you take the time to develop an acquaintance with the Filing Clerk, you may someday get a helpful telephone call if there is a problem with your papers, instead of a "return/reject" envelope in the mail. While you are at the Filing Clerk's window, obtain all of the forms you will need for the entire proceeding. Generally there are the Claim Forms, a Proof of Service, Service of Process Instructions and Execution of Judgment Instructions. Since you are employed by the Claimant you cannot serve the Defendant. The fastest and most cost efficient process server for Small Claims matters is generally the local Marshal or Sheriff, especially if the Defendant has a regular place of business. Go over all of the forms with the Filing Clerk and make sure you understand how to complete the forms (use black ink or a typewriter), what information is required and what exhibits you will need. Also, find out how much the filing and service of process fees are. As with any learning experience, you will probably make a few mistakes at first, but take them in stride. As you gain experience and confidence with the system, you will probably wind up teaching other people in your office how to do these things. 3. Fill Out the Forms Completely and Attach Exhibits. The Judge will (or is supposed to anyway) read the Claim Form before the hearing. If your Claim Form is filled our completely, clearly and succinctly, it will make the Judge's job much easier and increase your chances of winning. Attach clear copies of the exhibits you will bring to the hearing in order to prove your case. If you shipped on invoice, attach the invoices. If you have a written contract with the Defendant, attach the contract. If the Defendant bounced a check, attach the check. But be careful! Read these documents before you file the Claim Form, and again before the hearing. If there is anything confusing or damaging to your case in the documents be prepared to deal with it at the hearing. Finally, take the time to do all the math yourself on the Claim Form. The Judge is very busy and will quickly get annoyed with you if he or she has to do your math for you during the hearing. 4. Set Several Matters for Hearing At One Time, and Coordinate the Service of Process. Submit several Claim Forms at a time, and request that the hearings all be set for the same day to minimize your time away from the office. Also, since most of your cases will be very similar, when you present several cases at the same time you will be more efficient and prepared in the Judge's eyes, again increasing your chances of winning. The first few times you submit papers, I suggest that you do it in person rather than by mail. This will give you a chance to reinforce your acquaintance with the Filing Clerk, and also correct any errors in the forms right on the spot. If the Filing Clerk does not regularly transfer the filed papers to the Marshal's office for service on the Defendant, walk them over yourself. As with the Filing Clerk, take the time to get to know the Deputy Marshals. Remember to search your files for all information that may help the Deputy Marshal serve the Defendant. All known addresses, any motor vehicles (with license numbers if available) and a physical description of the Defendant will be very useful if the Defendant tries to "duck" service. The Deputy Marshals will not only be serving the Claim Forms on the Defendants, but after you win your case, they may be helping you to collect on your Judgment. The Filing Clerks and Deputy Marshals are real professionals. Get to know them and they will go out of their way to be of assistance to you. In Part II of this three part series I will discuss strategy for the Small Claims Court hearing, and give you tips on increasing your chances of winning the full amount you sue for. Have a good month and remember, don't get mad - get paid! Please
direct questions or comments to: John Samberg is a partner in the Woodland Hills law firm of Bisno, Samberg & Mulvaney, and is a former private investigator. Mr. Samberg's clients include businesses and financial institutions in debtor/creditor and transactional matters. Mr. Samberg is a Magna Cum Laude graduate of Southwestern University School of Law, and in addition to his busy law practice, teaches legal writing at UCLA Extension, is a Los Angeles Superior Court Arbitrator and a Municipal Court Judge Pro Tem. He has presided over hundreds of small claims trials, and is a regular speaker at CMAC functions. |
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