California Small Claims Court Success Story

California small claims court exists to help Californians resolve issues involving limited sums of money

. In 2003, Steve Oualline used this process to obtain a refund on a Windows product.

In a Linux Journal article, Oualline credits his success to several factors:

First, Oualline figured out who he was suing. While this seems like an obvious first step, it can be a little complicated if the defendant is a corporation. Technically you cannot serve papers to a corporation in California small claims court. You must find out the corporations registered agent. In this case, Oualline obtained this information from the secretary of state.

Secondly, Oualline downloaded, printed and filled out forms he found on the California small claims court website. He points out that there is limited space for detail on these forms for a reason. Trying to cram in long-winded useless details will only hurt your case. This plaintiff advises to be brief and to the point. Keep your emotions out of your explanation and stick to the facts.

The third thing Oualline did was complete the filing process. Once again, he has sage advice. Expect long line ups and wait times (very handy to know if you must arrange to file during your working hours). He also cautions about asking the clerks for legal advice. They are not allowed to give advice, however, they can help you make sure your paperwork is filled out correctly.

Having the papers served is the next step in the California small claims court process. While there are several different ways this can be carried out, Oualline choose the efficient, cost effective certified mail option.

In his article Oualline stressed the importance of being prepared for court. For his case he assembled all his correspondence to and from the company, the documents he received with his software and a telephone log of calls he made to the company to show that he tried to resolve the issue with them before bringing the case before California small claims court.

On his court date Oualline was calm, relaxed and ready to answer the questions from the judge. His hard work preparing for this case paid off; the judge ruled in his favor. Microsoft was ordered to refund the money the plaintiff spent on the unused software.

Like Oualline, you too can have a successful California small claims court experience. The process is relatively simple to follow and while you cannot have a lawyer with you on your court date, you are free to obtain legal advice to help you prepare your case.

If you are still unsure of preparing a small claim on your own, companies such as SmallClaimsDepartment.com will search for a corporations registered agent, fill out the applicable forms, file the documents in the correct courthouse, and serve the papers. These services are provided for a nominal fee and relive the plaintiff of having to arrange time from work, confronting the defendant directly, or having to hire a process server.

Whether you choose to be like Oualline and handle the case on your own or if you outsource the preparation phase of the trial, it is clear that careful planning, attention to detail and accurate documentation is the key to being successful in California small claims court.

by: Nick P.

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