1.
What should a litigant do before filing a small claims case?
Correct Answer
A. Ask for the money owed in person, pHone or letter
Explanation
Before filing a small claims case, a litigant should first try to resolve the issue by asking for the money owed in person, over the phone, or through a letter. This step is important as it allows the litigant to communicate their concerns and give the other party an opportunity to settle the matter without going to court. By attempting to resolve the dispute through direct communication, the litigant may be able to avoid the time, expense, and stress of a legal proceeding.
2.
What is the most an individual can sue for in a small claims court?
Correct Answer
C. $7,500
Explanation
In a small claims court, the maximum amount that an individual can sue for is $7,500. This means that if someone has a dispute or claim against another person or entity, they can only seek compensation up to this amount in a small claims court. This limit is in place to ensure that small claims courts handle relatively minor disputes and provide a simplified and expedited process for resolving them.
3.
What is the most a business can sue for in a small claims court?
Correct Answer
A. $5,000
Explanation
In a small claims court, the maximum amount that a business can sue for is $5,000. This means that if a business has a dispute or claim against another party, they can only seek compensation up to this limit. Small claims courts are designed to handle relatively minor legal issues, and the $5,000 limit helps to ensure that the process remains efficient and accessible to all parties involved.
4.
What form is used to initiate a small claims case?
Correct Answer
B. SC-100
Explanation
The correct answer is SC-100. SC-100 is the form used to initiate a small claims case. This form is typically used to provide the court with information about the plaintiff, defendant, and the nature of the claim. It is an important document that starts the legal process for small claims cases.
5.
What determines the court location where a small claims case is tried?
Correct Answer
D. Any of the above
Explanation
The court location where a small claims case is tried can be determined by any of the options provided. It can be based on the proximity of the court house to where the defendant lives or works, where the contract was signed or action performed, or where the accident took place. The specific circumstances of the case will determine which option is applicable in determining the court location.
6.
What are examples of types of cases that may be heard in small claims court?
Correct Answer
E. A, B, and C only
Explanation
Examples of types of cases that may be heard in small claims court include landlord/tenant disputes that do not involve eviction, car accidents, and cases involving bad checks. Divorce cases are typically not heard in small claims court, as they are typically handled in family court or a separate court specifically designated for divorce cases. Therefore, the correct answer is A, B, and C only.
7.
Once a small claims case is filed, how soon is it scheduled for court?
Correct Answer
C. It is scheduled 40 to 60 days out
Explanation
Once a small claims case is filed, it is scheduled for court 40 to 60 days out. This means that there is a waiting period of approximately 40 to 60 days before the case is heard in court. During this time, both parties involved have the opportunity to gather evidence, prepare their arguments, and potentially reach a settlement outside of court. This waiting period allows for sufficient time for the necessary preparations to be made before the case is brought before a judge.
8.
How does a litigant name a defendant in a small claims case?
Correct Answer
E. All of the above
Explanation
The correct answer is "All of the above". This is because a litigant can name a defendant in a small claims case by using any of the mentioned options. They can name an individual defendant by using their full name (John S. Doe), a corporation by using its full name and doing business as (DBA) name (Smith and Hones A Corporation, DBA Continental Candies), an individual defendant who is also doing business as (DBA) (Mary Smith, as an individual, and DBA Continental Candies), or a partnership (Smith & Hones, a partnership).
9.
How does a litigant notify a defendant of a hearing date? What ways listed below are adequate notification procedures?
Correct Answer
E. All of the above
Explanation
All of the options listed are considered adequate notification procedures for a litigant to notify a defendant of a hearing date. The litigant can choose to have someone over the age of 18 who is not involved in the case personally hand the court papers to the defendant. Alternatively, the defendant can receive notice by certified mail, which is sent through the court only. Another option is to have the Sheriff deliver the court papers to the defendant. Lastly, a registered processor can also be used to notify the defendant.
10.
In Small Claims defendants must be served in California, except:
Correct Answer
E. A & C
Explanation
In small claims court in California, defendants must generally be served within the state. However, there are exceptions to this rule. One exception is if the case involves an auto accident that took place in California. In such cases, the defendant can be served even if they are located out of state. Another exception is if the case involves property owned by an out-of-state defendant. In these situations, the defendant can also be served outside of California. Therefore, the correct answer is A & C, which means that if the case involves an auto accident in California or property owned by an out-of-state defendant, the defendant does not have to be served in California.
11.
How many days before the trial date does the defendant have to be personally served?
Correct Answer
A. 15 days in County and 20 days out of County
Explanation
The defendant must be personally served 15 days before the trial date if the trial is in the same county, and 20 days before the trial date if the trial is in a different county.
12.
When can attorneys represent litigants in small claims court?
Correct Answer
A. Only on an appeal
Explanation
Attorneys can only represent litigants in small claims court on an appeal. This means that if a party wishes to challenge the decision made in small claims court, they can hire an attorney to represent them during the appeal process. However, during the initial proceedings in small claims court, attorneys are not allowed to represent litigants.
13.
How does one get a witness to come to court and testify?
Correct Answer
C. All of the above
Explanation
All of the above options are correct because they all provide ways to get a witness to come to court and testify. Asking a witness to come and testify is a common approach, where the person is requested to voluntarily appear in court. On the other hand, subpoenaing a witness is a legal order that requires them to attend court and give testimony. Both methods can be used to ensure the presence of a witness in court for their testimony.
14.
If a defendant is sued in the wrong court, what can he/she do?
Correct Answer
A. Challenge the court venue by writing a letter to the court
Explanation
If a defendant is sued in the wrong court, they can challenge the court venue by writing a letter to the court. This means that they can formally dispute the jurisdiction of the court and request that the case be transferred to the correct court. By doing so, the defendant can ensure that the case is heard in the appropriate jurisdiction, which is important for a fair and just legal process.
15.
If a defendant wants to counter-sue a plaintiff in small claims court for $10,000 what can he/she do?
Correct Answer
E. A and B only
Explanation
The correct answer is A and B only. This means that if a defendant wants to counter-sue a plaintiff in small claims court for $10,000, they have two options. They can sue for the maximum amount allowed in small claims court and forgo any amount exceeding that limit. Alternatively, they can choose to take the case to a higher court where there is no limit on the amount they can sue for.
16.
If a defendant cannot attend a court date, what can he/she do?
Correct Answer
A. File a SC-110 and request for postponement 10 days before the court date
Explanation
If a defendant cannot attend a court date, they can file a SC-110 and request for postponement 10 days before the court date. This allows them to ask for a new date to be scheduled, giving them more time to prepare or resolve any conflicts that prevented them from attending the original court date.
17.
If a defendant misses his/her trial date, what can he/she do?
Correct Answer
A. File SC-135 Motion to Vacate Judgment
Explanation
If a defendant misses his/her trial date, they can file a SC-135 Motion to Vacate Judgment. This motion allows the defendant to request the court to set aside the judgment that was made in their absence. By filing this motion, the defendant can argue that they had a valid reason for missing the trial and request a new trial or a reconsideration of the judgment. It is a legal recourse available to defendants who were unable to attend their trial.
18.
What can a plaintiff do to collect on a small claims judgment?
Correct Answer
D. All of the above
Explanation
A plaintiff can collect on a small claims judgment by using various methods. They can obtain a bank levy, which allows them to freeze the defendant's bank account and collect the owed amount. They can also do a till tap or a wage garnishment, which involves collecting money directly from the defendant's paycheck or cash register. Additionally, they can use a keeper or vehicle levy, where they seize and sell the defendant's property to collect the judgment amount. Lastly, they can record an abstract of judgment on real property, which creates a lien on the defendant's property until the judgment is paid. Therefore, all of the mentioned options are available to the plaintiff for collecting on a small claims judgment.
19.
If a plaintiff wants to collect on a judgment and only has the defendants address and needs additional information what can he/she do?
Correct Answer
D. A and B only
Explanation
If a plaintiff wants to collect on a judgment and only has the defendant's address and needs additional information, they can request a court order for a debtor's examination and a statement of assets. This allows the plaintiff to legally compel the defendant to provide information about their assets and financial situation, which can help in the collection process. Additionally, the plaintiff can check with the recorder's office to gather any relevant public records or documentation that may provide further information about the defendant's assets or financial status.
20.
How many years does a plaintiff have to collect on small claims judgment?
Correct Answer
A. 10 years and it can be renewed for an additional 10 years
Explanation
A plaintiff has 10 years to collect on a small claims judgment, and they have the option to renew it for an additional 10 years. This means that they have a total of 20 years to collect on the judgment if they choose to renew it.
21.
Yes or No-Can a plaintiff appeal a small claims court judgment?
Correct Answer
B. No
Explanation
A plaintiff cannot appeal a small claims court judgment. In small claims court, the purpose is to resolve disputes quickly and inexpensively, and the procedures are simplified to achieve this goal. Appeals are generally not allowed in small claims court, as it would go against the purpose of providing a speedy resolution. Therefore, the correct answer is "No."
22.
Yes or No-Can a collection agency file a small claims court action?
Correct Answer
B. No
Explanation
A collection agency typically does not have the authority to file a small claims court action. Their role is to collect debts on behalf of the original creditor, but they do not have the legal standing to initiate legal proceedings in court. Filing a small claims court action would require the involvement of the original creditor or the debtor themselves. Therefore, the correct answer is "No."