§2.01 Claim Filed

A plaintiff commences an action in the small claims court by filing a claim with the small claims clerk in person, by mail, or, if authorized, by fax or electronic means. [CCP §116.320(a).]

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The plaintiff must use the Judicial Council claim form. [See form SC-100.] The form includes [CCP §116.320(b)]:

• The name and address of the defendant, if known;
• The amount and the basis of the claim;
• That the plaintiff, when possible, has demanded payment and, in applicable cases, possession of the property;
• That the defendant has failed or refused to pay and, when applicable, has refused to surrender the property; and
• That the plaintiff understands that the judgment on his or her claim will be conclusive and without a right of appeal.

The accompanying instructions [see form SC-150] include information that the plaintiff [CCP §116.320(c)]:

• May not be represented by an attorney,
• Has no right of appeal on his or her claim, and
• May ask the court to waive fees for filing and serving the claim on the ground that the plaintiff is unable to pay them.

If there is more than one plaintiff or defendant, the plaintiff must also file form SC-100A to designate those other parties. If the claim is based on an attorney-client fee dispute, the plaintiff must attach form SC-101.

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