Legal Question in Business Law in California
small claims and oral agreements
I have no experience in court on either side. Jane, the D, lives in a condo with intercom, and never has to exit building since garage is downstairs. I expect trouble serving, since I don't know work address, and since she's been sued before , she's may be wary.
1) Will sheriffs serve before 8AM when Jane leaves for work? They say West Los Angeles is served by Santa Monica sheriffs
2) Do all claimants for the day have to appear at 8AM? and stay to watch the other cases until theirs is called? (WLA court) I'm concerned about the time out of a workday this will cost me..
3) Generally, is the judge more favorable towards the employer or employee ( and specifically in terms of oral agreements) and am I wasting my time if I did not have a written contract with my employee, Jane? I do have paperwork that shows the expenses I was billed for, and I'm claiming it was her negligence that caused the problem.
4) It's my understanding that I only have to appear once. ( I'm concerned because of the distance that
I now live from the courthouse) I can print the forms out and mail them in. If I win, I can file judgment by mail, and place a lein on the D's property by mail - Am I correct?
MANY THANKS!
2 Answers from Attorneys
Re: small claims and oral agreements
Use a professional process serving company, not the Sheriff. Verbal agreements are not smart, but bring all your evidence to court, you have nothing to lose. Read nolo press (nolo.com) books such as "How to Sue in Small Claims Court" and "Collect Your Judgment," if you do not want to purchase these from nolo.com , they should be available in the LA City library across the plaza from the WLA courthouse, or else try the UCLA Law, Santa Monica City, or Santa Monica Courthouse libraries.
Re: small claims and oral agreements
I agree with Mr. Stone that a private, registered process server would be more diligent in getting the documents served for you. As far as being at court, I can't imagine that you have an 8:00 a.m. start time. That's a ridiculous hour to think anyone's awake! All claimants must be present for the hearing, however, so don't risk being late. In the West LA court, I would not ever again stipulate to the commissioner, and would rather ask for a judge. You might have to wait a while for a free judge to be found, or come back another day. It's worth it if you don't want to be yelled at or intimidated. As to doing the paperwork by mail, you can do that. The court will mail the judgment to you and, if you win, you can submit the application for the writ (with your payment) by mail. Good luck to you!
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