(So the actual http://www.uscourts.gov/Glossary literally has nothing on it... no words or links, or anything- if only I could have a screen shot- if i had my laptop that is in my property in the west hollywood sheriffs building I would be able to actually sign this form and send it but I literally cannot do so... )

This is not possible for anyone in my situation once we get the courage to stand up for ourselves... Like, what am I going to do? Its so funny that ahwile ago, before the shit got worse here with me you couldnt even open some of these forms with adobe in order to even fill them out much less actually be able ot print them, and I mean i still dont have the money to print htem but ill do my best posting them with what I have... I should be able ot at leasat do this by myself- much less the rest I have ot handle- then maybe I can afford addequate counsil/representation as should be a right for me... but you know.... the shade of the bench warmers in these courts is mighty strong...

well, I filled the form out, sent more emails, and yet nothing... it's not possible. I'm resigning. I didn't sign up for this. Someone in my 3rd grade class, maybe 5th grade class spoke about how President Clinton had several sexualities in his house and.... I was like what in the hell is that. Then one time, when I was going to ride the 4-wheeler- that's country huh, well what was country was when the battery needed to be jumped off.... do you know what I asked my dad in front of his friends.... yeah, jack instead of jump.... they spit beer everywhere- it was great... did they tell me what it was? No... did I know what it was? No. I was like, I don't get it.

Just like the whole thing that is- I haven't taken my shoes off since I was last in San Fransisco. My situation doesn't allow for that. It's heart breaking- and everything like the hunger games, or nightmares that people go through... it so gets worse. I mean, I mean, I mean- sorry it's me with music in my ears trying to not have a thought process and just skip that part and think about typing, while--- I have no reason to believe that my father or mother and associates wouldnt kill my best friend... it happens. They aren't in anyway cool enough to play fair. It sucks the most because you just trust... trust that your family won't harm you, won't do anything but protect you. Yes, for your own good, is here's an article... maybe everyone knew this happened already but ... life doesn't have to be this- fake. Like, I swear I do things that I clearly don't or haven't- like somehow I randonly got a new check from gofundem for $63, I think. I was in jail when the request was made by not I- but oh well, i recieved it and then what happened- I was taken to the hospital after being attacked but before I went to Stanford for a second opinion or whatever, point is that I have no idea what happened to the bag and the papers and the phone I got that didn't work from the free phone program (yes, I've never had one of those until October of 2017...)- making it my 6th. I act like I have issues- clearly I do... how is it that I was arrested- I am not allowing depot anti retro virals in this country. Like, it isn't happening.... I know that it is a way to help no idea who... but there is an incredible back market for anti-retrovirals. Literally, people are that hard up for money and privacy- and San Jose and Santa Clara County is where I've always heard it's the worst- clearly its the truth. I'm not on my meds, am not letting them exam my eye- will go back to riverside for the second surgery and there is not a damn thing anyone here will do about it.... its a fucking fact. It's been over a year since my first eye surgery and I can't get back there.... its a death trap, then it took 8 months to get any sort of benefits and I am yet still with nothing. San Jose may be that isolated or just that sad

Checklist for the Plaintiff

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This section tells you what to do:

Before the Hearing
- Contact the defendant to talk about your claim. Try to settle without going to court.
- Suggest mediation or agree to try it. Or, see if there is some other informal way to solve your dispute.
- Learn how small claims court works. Read over this website, contact the Small Claims Advisor, or go to a small claims court session. (Read more on the Small Claims Advisor page.)
- Try to figure out if you have a good case.
  - Does the law support your case?
  - Can you prove case?
  - Did you miss the deadline to file your claim?
  - Did you lose money?
  - Can you represent yourself?
  - Does the defendant have a good defense?
- How much is your claim for? Figure out the exact amount. If you are suing as an individual, or as an individual who owns a business (i.e. sole proprietor), you can't get more than $10,000 in small claims court (with exceptions that limit this amount: Code of Civil Procedure sections 116.220(c) and 116.221 ). If you are suing as a corporation, partnership or any other type of business other than a sole proprietorship, you are limited to asking for $5,000. And, you can only get a judgment for the amount of damages you can prove, even if the defendant doesn't go to court.
- Figure out which court to file your lawsuit in. This is called the venue (location) of the lawsuit.
- File a Plaintiff's Claim and Order to Defendant (SC - 100 ). If you are a business with a fictitious name, file a Fictitious Name Declaration (SC - 103 ).
- Get someone to serve your claim on every defendant. Make sure the defendants get enough notice. File the Proof of Service (SC - 104 ) at court before your hearing.
- Prepare your claim. If the defendant files a Defendant’s Claim and Order to Plaintiff (SC - 120 ) to be heard at the same time as your claim, prepare your defense for that claim, too:
  - Organize your thoughts,
  - Collect evidence,
  - Talk to witnesses, etc.
  - Make 2 copies of the papers that you want to show the judge.
  - Ask your witnesses to write a declaration or go to your hearing.
- Keep talking to the other person. Try to settle the case before your hearing. If you think more time could help you settle, ask the court to move your hearing to a later date.
During the Hearing
- Take the original and two copies of the papers you want to show the judge. Take your witnesses’ declarations or make sure they go to the hearing.
- Get to the courthouse 15 minutes early. Make sure your case is on the calendar. Go to the courtroom where your case will be.
- When the clerk calls the names of all the cases, let him or her know you are there.
- They may ask you if you want to let a temporary judge to decide your case. If you don’t want to, the clerk will probably give you another hearing date with a permanent judge or court commissioner.
- After the witnesses take their oath, the clerk will ask you to leave the courtroom with the defendant so you can share evidence and try to settle the case. You have to give the defendant a copy of the papers you want to give to the judge. When you’re done, go back to the courtroom and wait for them to call your case.
- When they call your case, go up to the plaintiff’s table with your witnesses. If you agreed to settle the case, tell the judge right away. If you are close to settling the case, you can ask the judge to have the hearing later on so you can try to settle.
- If you couldn’t settle the case, you will have a few minutes to present your case and answer questions. Give your most important points first. Make sure you explain how you figured out the amount of your damages.
- Tell the judge about the papers or evidence you want to show the court. The judge will probably ask you to give 1 copy to the clerk. The clerk will mark the papers as evidence and give them to the judge.
- Don’t interrupt the judge or the defendant. If you forgot to say something when it was your turn, wait until the judge and the defendant stop talking and ask permission to talk.
- Before you leave, make sure the clerk has your address. If the judge needs time to decide the case (called “taking the case under submission”), the court will mail you a copy of the decision at that address.
After the Hearing
- Get a copy of the Notice of Entry of Judgment (SC - 130 ) from the court. If you don’t get a copy in the courtroom at the end of your hearing, the court will mail it to you.
- If you didn’t go to the hearing and the court dismissed your claim, you have 30 days to file a Notice of Motion to Vacate (Cancel) Judgment (SC - 135 ). You will have to pay a fee.
- If you won, you have to wait at least 30 days before you can enforce the judgment. If the defendant doesn’t pay you or challenge the judgment, you can take legal action.
- If the defendant appeals or files a motion to cancel the judgment, you must wait until the court decides the appeal or motion before you take legal action to enforce the judgment.
- After the defendant pays you, you must sign and file a form called Acknowledgment of Satisfaction of Judgment. It is on the bottom of the back of the Notice of Entry of Judgment form (SC - 130 ).
- If you recorded an Abstract of Judgment (EJ-001 ) with the County Recorder’s Office, you have to fill out another form called Acknowledgment of Satisfaction of Judgment (EJ - 100 ) and have it notarized.
- If you went to the hearing and the judge ordered you to pay the defendant, you have 30 days to:
  - Pay the judgment,
  - Fill out a Judgment Debtor’s Statement of Assets ( SC - 133 ) and mail it to the defendant, or
  - File a Notice of Appeal (SC - 140 ) (The whole case will be heard again).
  If you do nothing, the defendant can enforce the judgment.
- If for any reason you think the judgment is wrong, file a Request to Correct or Vacate Judgment (SC - 108 ).
More help for before, during and after the hearing...

Read these other pages for the plaintiff:
- Before Filing
- Filing a Claim
- Serving a Claim
You should also read the pages for both the defendant and plaintiff: About Small Claims Court, Alternatives to Lawsuits, Prepare for your Day in Court, Judgment - Judicial Decision, and Property/Money Collection.

You may also find helpful information on these Small Claims pages: the Small Claims Advisor and Small

Like this is impossible!
- Self-Help
Related Links
Filing a Claim

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This section tells you about:
Where do I file my case?
Court addresses and hours
Court holidays
How do I get there from here?
Where do I get court forms?
Small Claims fees
Information you need to file a claim
What can I expect when I file my claim
Other papers you have to attach to your claim
More help for before, during and after the hearing...
Where do I file my case?

You made the contract,
Where the contract was supposed to be performed by the defendant, or
Where you are supposed to get paid.

Where the buyer signed the contract,
Where the buyer lived when the contract was signed,
Where the buyer lived when you filed the action, or
Where the things bought on credit are installed or kept.

Where the buyer signed the contract,
Where the buyer lived when the contract was signed, or
Where the buyer lived when you filed the action.

Court addresses and hours:

Small Claims cases are heard at Downtown Superior Court (DTS). Click on the DTS Courthouse link to look up hours, location and contact information. When you file at the DTS, you can ask to have your hearing on Tuesday night. Night hearings will be held on the 2nd and 4th Tuesday of each month at the Santa Clara Courthouse. Ask the clerk for more information when you file your case.
Court holidays:

See the Court Holidays page.
How do I get there from here?

Click on the DTS Courthouse link to look up the location and a map for driving directions.

Other ways to get there:

Most of the courts have limited parking. If you can, use other forms of transportation.

To find out about bus routes from the Santa Clara Valley Transit Authority (VTA) call:
(408) 321-2300 or
(800) 894-9908
TTY: (408) 321-2330.
You can also get route information from the VTA website .

Call TRAVINFO by dialing just 511 from any of the Bay Area’s nine counties, for information on:
- More than 25 public transportation agencies (like bus, BART, ferry, train, light rail and Para transit services)
- Traffic conditions on the highways, bridges and major roads
- Highway construction information
- Carpool services
- Parking and biking
- Directions to the San Francisco International Airport.
You don’t have to dial an area code. The service is free but you have to pay for the local call. Or go to www.511.org for information about transportation and links Web sites. The Metropolitan Transportation Commission sponsors both services.
Where do I get court forms?

You can get the forms to file your case if you:
- Go to a small claims court (see locations),
- Write to a small claims court (see locations),
- Go to the Judicial Council's website at www.courts.ca.gov , or
- Download forms from the linked form names on the pages of this website.
If you ask for forms by mail, send a self-addressed stamped 10" x 13" envelope with the right stamps. Blank forms will be mailed to you.

If you pick up the forms at the court, the clerks will give you instruction sheets called “Information for Plaintiff “ that tell you about how the small claims court works. The court clerk will ask you to fill out and sign a form called Plaintiff's Claim and Order to Defendant form.

Businesses that use fictitious business names, like "Joe Jones doing business as Joe's Garage", also have to file a form called Fictitious Business Name Declaration that says that the business followed California's laws for registering a fictitious business name.

You have to pay the filing fee when you file your papers. To find out more about fees, see the Local Court Fees page. If you can't pay, you can ask the court to waive the fees. You can ask the court for a waiver by filling out and filing a form called Application for Waiver of Court Fees and Costs. To find out more about fee waivers, ask the clerk for an Information Sheet called Waiver of Court Fees and Costs . Read more in the Fee Waivers FAQ.
Small Claims fees:

See the current local fee schedule linked to the Court Fees page.

Information you need to file a claim:

All forms have to be readable: Type forms or write them in ink.

Plaintiff's Claim and Order to Defendant:
Fill out the "Plaintiff's Claim and Order to Defendant" Form #SC-100 in three parts. (There are helpful video instructions for this form. See A/V instructions for SC-100

.) If you print the forms from the internet, you will need to have the original and a copy for each party named in the case, and an extra copy for yourself. (If the clerk makes copies for you, there is an additional charge.)

If you use a fictitious business name:
You have to fill out, sign, and file a form called Fictitious Business Name Declaration (Form #SC-103 ) every time you file a claim. You also have to write your fictitious business statement number and expiration date in the space in the "Plaintiff’s Claim and Order to Defendant" (Form #SC-100 ).

When you type the names of the plaintiff and the defendant:
Type or print their last name first. Follow the formats below:

*DBA stands for “Doing Business As”

For an individual: Doe, John 111 Main Street San Jose, CA. 95000	For a business owned by one person: Doe, John DBA: Doe's Auto Repair Shop 111 Main Street San Jose, CA. 95000 DBA stands for "doing business as"
For partnerships:
Doe, John-Partner DBA: Doe & Smith Bakery 111 Main Street San Jose, California 95100	Smith, Max- Partner DBA: Doe & Smith Bakery 111 Main Street San Jose, Ca. 95100
For a corporation:
Doe Corporation Serve: Doe, John-President 111 Main Street San Jose, Ca. 95100	Doe Corporation DBA: Doe & Smith Bakery Doe, John - President 111 Main Street San Jose, Ca. 95100
Doe Corporation DBA: Doe & Smith Bakery Smith, Sue - Agent for Service of Process 123 Oak St. Los Angeles, CA 12345 Address listed is agent's address, not the corporation's address
For someone under 18
Doe, John -Minor 111 Main Street San Jose, Ca. 95100	Doe, Jane-Guardian 111 Main Street San Jose, Ca. 95100

Note: The form called "The Plaintiff’s Claim & Order" to defendant leaves space for two plaintiffs and two defendants. If you need more space, use Form #SC-100a .

When you name your defendants:

You have to know their exact names. If you name a company, you need to know what kind of ownership it is (For example, partnership, corporation, sole proprietorship, etc).

If you get a judgment against a defendant but you wrote the name wrong, you might not be able to collect the money unless you have the judgment changed to say the right name. This can take extra time, trouble and money.

Make sure you use the right name when you file your claim.

If your suit is about a car accident, name the driver and the owner of the car that hit you. You don’t have to name both, but you’ll have a better chance of collecting damages.
Sign your forms:

If you are the only plaintiff, you have to sign the Plaintiff’s Claim. If there is more than one plaintiff, each plaintiff has to sign.

If the claim is filed by a business with one owner, the owner has to sign the form.

If the plaintiff is a corporation, one of the corporate officers (like the President, Vice-President, Secretary, Treasurer or Authorized Agent) has to sign the Plaintiff’s Claim form.

You can’t give someone who is not a party in the case permission to sign the Plaintiff’s Claim.

If the plaintiff is a minor (Under 18 years old), a parent or guardian has to sign the Plaintiff’s Claim. If the plaintiff is over 14, they should also sign the Plaintiff’s Claim. The plaintiff/guardian has to fill out a form called Petition for Appointment of Guardian ad litem and file that with the Plaintiff’s Claim.

What can I expect when I file my claim?
- Set a hearing date:
  
  When you file your claim and pay the fee, the clerk will give you a court date. You’ll have your hearing:
  - In 30-40 days if the defendant lives or works in the county;
  - In 30-70 days if the defendant lives or works outside the county.
- The clerk will give you a copy to “serve”
  
  The clerk will give you a copy of the Plaintiff’s Claim and Order to Defendant. You have to get someone to serve this copy on the defendant (this is called service of process).
  
  You have to file proof that this was served before your hearing. File your proof of service form at least 2 days before the hearing. After you file your proof of service, the case will go on the trial calendar for a hearing.
Other papers you have to attach to the claim
- If your claim is about lawyer-client fees:
  
  Fill out and file the "Attorney-Client Fee Dispute" (attachment to Plaintiff’s Claims) form #SC-101 with your claim. You can get this form from the clerk’s office.
- Businesses that are filing a claim and use fictitious business name:
  
  For example, "Joe Jones doing business as Joe's Garage", also have to file a form called Fictitious Business Name Declaration that says that the business followed California's laws for registering fictitious business names.
- File a Fee Waiver:
  
  You have to pay a fee when you file your papers. If you can't pay, you can ask the court to waive those fees. Fill out and file an Application for Waiver of Court Fees and Costs.
- - State Court Document FW-001 INFO - Information Sheet on Waiver of Court Fees and Costs
  - State Court Form FW-001 - Request to Waive Court Fees (There are helpful video instructions for this form. See A/V instructions for FW-001 .)
  - State Court Form FW-003 - Order on Court Fee Waiver
  You can also ask the clerk for the Information Sheet on Waiver of Court Fees and Costs.
- If you are suing a government agency:
  
  First, you have to file a claim with the agency. If they reject your claim, include a copy of the denial letter with your "Plaintiff’s Claim".
More help for before, during and after the hearing...

Read more information for the plaintiff on these pages:
- Before Filing
- Checklist for the Plaintiff
- Serving a Claim
You should also read the pages for both the defendant and plaintiff: About Small Claims Court, Alternatives to Lawsuits, Prepare for your Day in Court, Judgment - Judicial Decision, and Property/Money Collection.

You may also find helpful information on these Small Claims pages: the Small Claims Advisor and Small Claims FAQs.

civil Division

Welcome to the Civil Division section of our website. We have helpful information for both plaintiffs and defendants, and for both the local legal community and pro pers representing themselves in court.
Effective Oct. 6, 2014: See Standing Order Re: Proper Courthouse for Filing Small Claims and Civil Actions
Quick Links
How Do I
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Case Information

Access online civil case or calendar information on our Case Information Portal .
Note: Court documents (pleadings, etc.) are not available online. Read about viewing or copying case dockets.

Civil OverviewCase TypesUD (Landlord/Tenant)ADR (Mediation)Civil Harassment
"Civil" cases involve violation of private rights rather than violation of criminal law. A civil matter involves a lawsuit in which one party sues another to recover money or property, to enforce a contract or an obligation, to collect damages for injury or to protect some civil right.
For information on the difference between civil and small claims cases, review the comparison table in the Small Claims Self-Help section of this website.
Civil cases in Santa Clara County are heard in the Downtown Superior Court, the Old Courthouse, and the South County Courthouse.
For information on Complex Civil Litigation E-Filing, visit our E-Filing page.
Calendar and case information for Civil cases (as well as other case types) is available from the Court's Case Information Portal .

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