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Make sure you sue the RIGHT business Legal Entity Name
When suing in small claims court, you want to make sure to sue the RIGHT LEGAL ENTITY (aka make sure you sue the right business and name the business correctly).
Many businesses operate using DBA's (also known as trade names, assumed names, and fictitious business names). You want to make sure you find the real legal entity behind the business. For example, if you hired ABC Painting, it is important you understand if ABC Painting is a corporation, LLC, or sole proprietorship.
A sole proprietorship is a type of business owned by one person (normally) in which there is no legal distinction between the owner and the business entity. For example, ABC Painting may actually be John Smith dba ABC Painting.
If you don't sue the right business, the judge may close your case or you won't be able to collect.
มุมมอง: 321

วีดีโอ

Guide To California Small Claims Court
มุมมอง 1.4Kปีที่แล้ว
If you want to learn more about suing in California Small Claims Court, make sure to like this video and subscribe to this channel. Welcome to Small Claims Bootcamp! On today's video, we'll cover California Small Claims Court. - 1st step: In California, you're required to demand payment prior to filing a lawsuit. This can be in writing, or verbal, however, it's better to have it in writing just...
How People Clerk Works
มุมมอง 1.6Kปีที่แล้ว
Learn how our small claims assistance service works for California & New York small claims court. Get Started: www.peopleclerk.com/ People Clerk helps you: 1. Prepare the small claims lawsuit. 2. Prepare your evidence for your small claims hearing. 3. File the lawsuit with the court. 4. Serve the other party (notify the person you have sued that they have been sued). 5. Prepare for the small cl...
How to Sue in California Small Claims Court
มุมมอง 15K3 ปีที่แล้ว
In this video, we provide you a step-by-step guide on how to sue in California small claims. Remember, we can help you prepare each step of the small claims process! Go to our website www.peopleclerk.com to get started. Here is a summary: 1. Demand Payment (ask the other party to pay you back or return your property before you sue). 2. Determine in which county & court you will sue in (you can ...
5 Mistakes to Avoid During Your Small Claims Hearing
มุมมอง 28K3 ปีที่แล้ว
5 mistakes to avoid during your small claims hearing! In this article, we cover easy mistakes to avoid. Our goal is to help you prepare for your small claims hearing so you can assert your legal rights with confidence and conviction. You can also review the full-length article on mistakes to avoid during your small claims hearing here: www.peopleclerk.com/post/5-mistakes-to-avoid-during-a-small...
The Importance of Evidence for Your Small Claims Hearing
มุมมอง 19K3 ปีที่แล้ว
In this video we cover: The importance of evidence for your small claims hearing. Types of evidence for your small claims hearing. Example evidence for small claims lawsuits over security deposits, contracts, and auto accidents. For help organizing an evidence packet for your small claims hearing go to www.peopleclerk.com * In California small claims, if you are the one suing, you do not have t...
8 Tips For Winning Your Small Claims Lawsuit
มุมมอง 21K3 ปีที่แล้ว
In this video we will walk you through 8 tips for winning your small claims lawsuit. For the full article, click here: www.peopleclerk.com/post/8-tips-on-how-to-win-your-california-small-claims-lawsuit Don't have time to file, serve, and prepare for your small claims hearing? People Clerk can help: www.peopleclerk.com/ People Clerk is here to help you prepare for small claims.
How to prepare a small claims lawsuit- California
มุมมอง 15K3 ปีที่แล้ว
In this video, we walk you through how to prepare a California small claims lawsuit. Get your comprehensive guide to California small claims: www.peopleclerk.com/post/how-to-file-a-small-claims-lawsuit Get started with filing your small claims from home today: portal.peopleclerk.com/pricing Links mentioned in the video: - SC-100 "Plaintiff's Claim and Order to Go to Small Claims Court"- www.cou...

ความคิดเห็น

  • @bva5362
    @bva5362 หลายเดือนก่อน

    Is there somewhere online to look to determine how much to sue for pain and suffering for personal injury? Claiming for medical bills is the easiest part, but not sure about pain and suffering. I guess sue for max, and judge will make final decision.

  • @lucaselliott8171
    @lucaselliott8171 2 หลายเดือนก่อน

    Demanding payment before the lawsuit means what exactly?

    • @PeopleClerk
      @PeopleClerk หลายเดือนก่อน

      Hi there! We break down the demand payment requirement for California small claims in this article: www.peopleclerk.com/post/demand-letter-california

  • @phxsisko
    @phxsisko 3 หลายเดือนก่อน

    Thank you, whoever you are

    • @PeopleClerk
      @PeopleClerk หลายเดือนก่อน

      Thank you for watching! - Camila

  • @Joni-do1vj
    @Joni-do1vj 3 หลายเดือนก่อน

    I wish you were my vounty clerk very helpful

    • @PeopleClerk
      @PeopleClerk หลายเดือนก่อน

      You are very welcome! Good luck with your case! - Camila

  • @seekingexcellence3236
    @seekingexcellence3236 4 หลายเดือนก่อน

    Do we have to mention all the people in the lease when suing a landlord? Is it a must?

  • @tracylai92
    @tracylai92 6 หลายเดือนก่อน

    The tenant owes rent and wants to file a small claims lawsuit. She lives near the small claims court by the river. Can we choose to file a lawsuit in San Diego? And then a trial in San Diego?

  • @angelicagarza7769
    @angelicagarza7769 6 หลายเดือนก่อน

    Do I sue in state when situation happened or the state they suddenly moved to?

  • @leewilliam236
    @leewilliam236 8 หลายเดือนก่อน

    Thank you for your videos. My father was able to get back his security deposit that the landlord illegally withheld!

    • @PeopleClerk
      @PeopleClerk หลายเดือนก่อน

      Thank you for watching and very happy to hear that! - Camila

  • @NastajaForbes
    @NastajaForbes 9 หลายเดือนก่อน

    Can I file a lawsuit to someone from another state?

  • @joeypreme
    @joeypreme 9 หลายเดือนก่อน

    nice video what papers do i have to print and serve the defendant?

    • @PeopleClerk
      @PeopleClerk หลายเดือนก่อน

      Hi there! It depends on the state you filed your lawsuit. In most states, you are just required to serve the lawsuit. In other states, they give you additional forms to serve.

  • @CarlosTorres-hg4op
    @CarlosTorres-hg4op 10 หลายเดือนก่อน

    Excuse me I live in Texas and the person I let borrow $9,000 through zelle transactions lives in California how can I start the process should I file a claim in Texas Orange California

  • @nidunow2
    @nidunow2 11 หลายเดือนก่อน

    When it comes to evidence,how can you submit a video or can you show it to the judge during court

  • @yohon6360
    @yohon6360 ปีที่แล้ว

    I do not have the to be defendant physical address just email and have his name phone number. How can i serve them without address its all im missing

  • @maieaksen1128
    @maieaksen1128 ปีที่แล้ว

    How about STI infection? Like the ex- did not disclose his status to me? and cause me a lifelong disease which I have to be on medication, suffering from side affects for the rest of my life?

  • @henlohenlo689
    @henlohenlo689 ปีที่แล้ว

    the company i work for is a contractor it had 3 business names. and my taxes showed 2 companies even though i work for 1. and its not the name on my paychecks. its the 3rd company name. its trucking company for fedex ground. and their trucks have 3 business names on the side each truck1 name but any truck may have 1 of 3 names on it. this makes it confusing when do job application. i feel like it messed up my work history also confuses future people trying to look into my work history. im still confused about which name to use on application or if i sue them. i asked them they said pick any. but i dont know if thats corredct.

  • @icarus0823
    @icarus0823 ปีที่แล้ว

    should I go through the clerk of the courts for forms and filing?

    • @JosephMbidi
      @JosephMbidi 4 หลายเดือนก่อน

      Yes. Go in the person to filled out the forms

  • @GeoGott
    @GeoGott ปีที่แล้ว

    Can a judge ignore a law thats there to protect the consumer in small claims? I had a judge tell me that i should have been aware of said law, before I hired the contractor to do work on my house. That i can't use it as an after thought to show how the contractor broke the law.

  • @Ghanaba23
    @Ghanaba23 ปีที่แล้ว

    Does verbal agreement hold in the small claims

  • @djralo1
    @djralo1 ปีที่แล้ว

    Can you do the next step of serving the person you are suing

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Yes, coming soon :)

  • @thockking
    @thockking ปีที่แล้ว

    Playback speed 1.75 👌

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Hi there! Thank you for this feedback! Going to speak faster on the next videos to help with this!

  • @kimberlycarlino8117
    @kimberlycarlino8117 ปีที่แล้ว

    Do you have a video of an actual small claims hearing? I am using this for my class.

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      I wish! They don't allow recordings in the courtroom but you can play a Judge Judy episode (with comments lettings students know when too much drama). Also happy to come speak to your class about small claims! Email me at help@peopleclerk.com - Camila Lopez

  • @user-zr1dh9jf1h
    @user-zr1dh9jf1h ปีที่แล้ว

    I appreciate your time that you to have taken to guide us the common person who doesn't understand the court hearing. In real live.. not what we see in shows and in movies...Thank you for educating us in a court settings...

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Comments like this really make my day :)

  • @barbbethesunshine8632
    @barbbethesunshine8632 ปีที่แล้ว

    Thank you for the great information!

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Thank you for the kind words ❤️

  • @sharongreen1593
    @sharongreen1593 ปีที่แล้ว

    How to contact you,

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Hi Sharon! www.peopleclerk.com

  • @missbonnie9734
    @missbonnie9734 ปีที่แล้ว

    In a border fence issue, It it better to go ahead and build the fence and then file a claim for half of the cost of the adjoining neighbor?

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Hi there! You would need to reach out to a lawyer for legal advice.

  • @missbonnie9734
    @missbonnie9734 ปีที่แล้ว

    What is Calif. statute Of Limitations?

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Hi there! Here you go: www.peopleclerk.com/post/california-statute-of-limitations

  • @marionholt
    @marionholt ปีที่แล้ว

    I am suing my previous landlord for breach of contract and not making repairs to the property which we left, the term called construction eviction. Is it ever a good idea since we have left the property to ask the owner, we are planning on taking him to small claims court would he rather settle out of court for what we are showing him for?

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Hi there! I'm sorry to hear you are having trouble with your ex-landlord. Learn more here on the topic of out of court settlements prior to filing: www.peopleclerk.com/post/demand-letter-to-landlord

  • @N0bull
    @N0bull ปีที่แล้ว

    Are there any fees due for filing a small claims lawsuit? Thanks

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Hi there! Yes, but those fees can be waived if you are low income (learn more here about fee waivers www.peopleclerk.com/post/california-fw-001). Filing fees are between $30-$75 and then there are serving fees which range from $0- $125 depending on where the other party is located and who is doing the serving- learn more here: www.peopleclerk.com/post/how-to-file-a-small-claims-lawsuit

  • @mrbriceno3949
    @mrbriceno3949 ปีที่แล้ว

    Just the video I was looking for, how long could a case last for property damage? A lady hit my car with her grocery cart causing $2800 in damage

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Hi there! I'm sorry you were in a car accident :( Most small claims cases in California are scheduled for hearing between 45-75 days from when the lawsuit is filed. Learn more here: www.peopleclerk.com/post/how-to-file-a-small-claims-lawsuit

  • @camithelawyer
    @camithelawyer ปีที่แล้ว

    👩‍⚖️👩‍⚖️👩‍⚖️

  • @josevicencio6081
    @josevicencio6081 ปีที่แล้ว

    Thanks for the educative information.I’ll need as soon in the next months , thank you very much

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Thank you for the kind words, Jose!

  • @Ralphie5023
    @Ralphie5023 ปีที่แล้ว

    How much time do I have to file a case in California ?

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Hi there! Here you go: www.peopleclerk.com/post/california-statute-of-limitations

  • @tommason5689
    @tommason5689 ปีที่แล้ว

    Very informative!! Is it allowed to ask for more money for pain and suffering during the proceeding if this was not included in the damage amount in the declaration?

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Hi Tom! You are allowed to sue for a maximum of $10,000 (individuals) in California small claims. It is up to you to decide what to sue for and up to the judge to decide if you should win.

    • @tommason5689
      @tommason5689 ปีที่แล้ว

      @@PeopleClerk Thanks for the quick reply. I assume your answer is: yes. If so, should I ask for more money at the beginning or after judge decides in my favor? When would be good time to ask for more money?

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      @@tommason5689 In California, you would need to decide how much you are suing for at the time of filing your lawsuit (amendments are difficult). Learn more here about Californa small claims: www.peopleclerk.com/post/how-to-file-a-small-claims-lawsuit

    • @tommason5689
      @tommason5689 ปีที่แล้ว

      @@PeopleClerk So then your answer was actually: No, I cannot ask for more money than what I filed in the declaration. In the declaration, I did not ask for pain and suffering and court fees. I only included actual damage amount. So I was wondering if I could ask for more during the court proceeding. And your answer sounds like No. Also I guess I cannot even recover the court fees. I did not even include court fees because the filing form said not to include court fees in the damage amount sought.

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      @@tommason5689 Hi Tom, it will be up to the judge to decide what you should win and whether you can win more than what you sued for. We cannot provide you legal advice, we can only provide you legal information :(

  • @fivestar000
    @fivestar000 ปีที่แล้ว

    Hello sir, I have a question if I file a lawsuit against a business for not honoring a warranty for breach of warranty at a small claims court. Can I dismiss the case if I dispute the amount on my credit card and the credit card company did went ahead and reward me the full amount? Can I go back and dismiss the lawsuit or do I still have to go to court. Thanks

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Hi there! Some courts will allow you to dismiss the lawsuit before the hearing. Call the court where your lawsuit is filed to confirm

  • @awssrocks
    @awssrocks ปีที่แล้ว

    I wish you had Michigan

  • @Corruptband
    @Corruptband ปีที่แล้ว

    thank you so much! had an accident recently and this was an absolute godsend!

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      No problem :) Here is how we can help: th-cam.com/video/r4LsiCQ_qBc/w-d-xo.html

  • @DJ_Orakle
    @DJ_Orakle ปีที่แล้ว

    Is there a Statue of Limitation.??

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Hi Arte! Yes, statute of limitations apply in small claims. Learn more: www.peopleclerk.com/post/statute-of-limitations

  • @unityfrenzy938
    @unityfrenzy938 ปีที่แล้ว

    Great information this is helping a lot the only thing I don’t get is how I sue two people? the registered owner of the business vehicle and the person who was driving It is who I thought I need to serve

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      You will need to attach a second form (SC-100A) selfhelp.courts.ca.gov/jcc-form/SC-100A - We can help you prepare all the forms :) www.peopleclerk.com/

  • @peterhuang1431
    @peterhuang1431 ปีที่แล้ว

    This is gonna be hard for someone with social anxiety needing to do this.

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Being prepared for the hearing helps build confidence when presenting your case to the judge :)

  • @justwingingit1
    @justwingingit1 ปีที่แล้ว

    Hello, I have a question regarding an insurance company refusing to pay for the full value of aftermarket parts and labor costs to reinstall said parts after their client rear ended/totaled my vehicle. These parts were installed approximately 2-3 months prior to the accident yet the offer for the 3000.00 fuel system was 1200.00. Do I need to list the Insurance company, the company that they are representing and the responsible company driver in the small claims court filing? Thanks in advance!

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Hi Martin, sorry to hear you were in a car accident. Learn more here about car accident cases: www.peopleclerk.com/post/car-accidents-small-claims

  • @tommason5689
    @tommason5689 ปีที่แล้ว

    I just filed one online in San Joaquin county Superior court and got a case number but they did not give me a court date. Can I start serving the other party now or do I have to wait for a court date to be issued by the court first? How long does it take usually to get a court date after case number is assigned? Thanks in advance for your reply!

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      You should follow up with the court clerk as soon as possible. Normally you need to wait until you have a hearing date to serve the other party (otherwise, you may have to serve your lawsuit again). If you need help preparing for the hearing, check out our evidence packet tool: www.peopleclerk.com/

  • @yanceyzetina5740
    @yanceyzetina5740 ปีที่แล้ว

    Statute of Limitations in California? Someone please advise?

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Hi Yancey, here are some common statutes of limitations: www.peopleclerk.com/post/california-statute-of-limitations

    • @yanceyzetina5740
      @yanceyzetina5740 ปีที่แล้ว

      @@PeopleClerk Thank you. Subscribing to you now.😀

  • @hepcat2kool
    @hepcat2kool ปีที่แล้ว

    thanks , I know most of this is common knowledge. Yet good reminders

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Hi there! You are very welcome!

  • @chrisl.1012
    @chrisl.1012 ปีที่แล้ว

    Have any recommendations in regards to suing someone outside of your state?

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Hi Chris, most of the time it is easier to sue someone in the state where they live due to rules regarding serving and if you need to pursue collections later on.

  • @b5rider
    @b5rider ปีที่แล้ว

    Hi, thanks for the useful content. I have a quick question: Does an email suffice for demand of payment?

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Hi there, here is what the SC-100 states: "You must ask the defendant (in person, in writing, or by phone) to pay you before you sue."

  • @alipiojerome
    @alipiojerome ปีที่แล้ว

    Hi I live in the bay area and the person lives in los angeles, where do I file small claims court?

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Hi Jerome, in general, you can always sue someone where they live. You may be able to sue someone in another court, but it will depend on the type of case you have.

  • @quony1
    @quony1 ปีที่แล้ว

    Thank you for taking the time to inform us about small business claims. I want to sue a small business. The business is in the same county as me, but the city is different. Should I go to the courts in there city or can I use my city court? Also, I couldn't find the companies name when I searched on the Secretary of state website. I looked on the fine print on my receipt, and on their website to see if they had their legal name listed. Couldn't find that either.

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Hi La Quon, you are welcome! The business may be doing business using a dba, also known as a "fictitious business name." Businesses normally register dba/ fictitious business name in the county where they have an address.

  • @talmaliky
    @talmaliky ปีที่แล้ว

    How can I find someone for serve?

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Hi Tayseer, if you file your lawsuit using People Clerk, we find a process server for you.

  • @sicsempertyrannishonk7197
    @sicsempertyrannishonk7197 ปีที่แล้ว

    Isn't it $7500 max for individual and $5000 maximum for business? Not $10,000?

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Hi there, in California the maximum you can sue for if you are an individual is $10,000. If you are a corporation or LLC, the maximum is $5,000.

    • @sicsempertyrannishonk7197
      @sicsempertyrannishonk7197 ปีที่แล้ว

      @@PeopleClerk Okay thank you for responding even though this is an older video. I'm navigating your website and notice the business I've looked up says "Terminated" not "Active". What does this mean if the business is absolutely still operating today, are they running without a license?

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      No problem! They may be using a different name.

  • @ignasaputra
    @ignasaputra ปีที่แล้ว

    Hi! I have some aftermarket mods on my car, and there was this recall for specific part of my car that would alter the aftermarket part. The service center told me that they will proceed with the recall and said that they won’t put the aftermarket back and i said it’s fine as long as it still can do its job. It turned out that 1 part of the aftermarket is missing and to get the missing part, i need to purchase the whole kit since it’s not sold individually. They’ve been offering to cover only that missing part cost ($300) but to get everything back working, i need to purchase the whole kit which will cost me $975 We’ve been emailing back and forth and haven’t found any agreements Do you think i can proceed with this small claims court?

    • @PeopleClerk
      @PeopleClerk ปีที่แล้ว

      Hi Ignatius, the maximum you can sue for in California small claims is $10,000. If you are asking about whether you have a good case or whether you could win, this is something you would need to determine based on what happened (ultimately, it will be up to the judge to decide). If you have any doubts about whether you have a winning case, you would need to speak to an attorney to provide you legal advice as they can analyze your specific situation.