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County of Los Angeles |
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Preparing for your day in court
How to prepare for court
Most small claims cases last less than fifteen minutes. For this reason, you want to organize your evidence ahead of time and make brief notes of what you want to say in court.
If you have documents, bring the original and two photocopies. You will keep the original and give one copy to the Judge and the other to the Plaintiff.
Evidence you can use
Here are examples of evidence that you can bring to court:
- Witnesses to testify on your behalf. (See Subpoena);
- Receipts or cancelled checks that prove you made payments;
- Bills or repair estimates;
- Photographs of property damage;
- Written contracts, agreements or other documents that prove your case.
What if I don’t speak English?
If you do not speak English, bring someone who speaks your language and English fluently. The court may not have an interpreter.
Your day in court
On your court date, bring any witnesses and evidence you have to prove your case. You must prove that you do not owe some or all of the money you are being sued for. Having your evidence organized and ready to present will help you to prove your case.
Before your case is heard, the Judge will ask you to speak with the Plaintiff and try to resolve the case. If you cannot come to an agreement, the Judge will hear the case.
Temporary Judges
A Temporary Judge, called a Judge Pro Tem, is a lawyer who hears cases and makes decisions, just like a regular Judge.
If you do not want a Temporary Judge to hear your case, you can ask the court for a Permanent Judge before your case is heard. If a Permanent Judge is unavailable, you may have to come back to court another day.
How should I behave in court?
Be respectful to the Judge, the Plaintiff and everyone in the courtroom. Only one person speaks at a time. Do not interrupt others who are speaking.
Remember that you are not in court to convince the Judge that the Plaintiff is a bad person; you are there to prove that you do not owe money or did not damage the Plaintiff’s property.
How to present your case
When the Judge allows you to speak, stick to the facts and get right to the point. Give the Judge copies of your evidence. You can refer to your notes but do not read a prepared statement to the Judge. If the Judge asks you a question, answer it directly. Do not answer a question with long statements that does not directly answer the Judge’s question.
At the end of the hearing, the Judge can make a decision right away, or make a decision later and notify you by mail.
What happens if I win?
If you win the Plaintiff’s Claim, you do not owe the Plaintiff money and the Plaintiff cannot sue you for this money again.
If you counter-sued and win on your Defendant’s Claim, the Plaintiff owes you the amount the judge awards you. (See Collecting Your Judgment.)
What if I don’t win?
You have 30 days to pay the money or appeal the decision. (See Appeals.)
If you cannot pay the Plaintiff all at once, you can ask the court clerk to setup a payment plan. (See Pay Judgment.) If you do not pay the judgment within 30 days, the Plaintiff can take action to collect the money from you. (See Collecting Your Judgment.)
What if I miss my court date?
If you miss your court date, ask for a new court date by filing a Motion to Vacate Judgment with the court clerk. (See Motion to Vacate.)
Court forms are available here and at California Courts - Forms. Select "Small Claims" from the pull down menu. Forms are also available at the Court Clerk's office.
Contact us for more information or speak with one of our counselors at (800) 593-8222. If you live outside of Southern California, call us at (213) 974-9759.
For more information:
County of Los Angeles Department of Consumer Affairs
B-96 Kenneth Hahn Hall of Administration
500 W. Temple Street *
Los Angeles, CA 90012-2706
Telephone (800) 593-8222 (within LA County)
web site: dca.lacounty.gov