Legal Question in Credit and Debt Law in California

how do i get started with a small claims court case?

i am guessing that to start a small claims court case as a plaintiff requesting money from a friend who has borrowed about $5,000 from me and has not shown any initiative to pay back, I would need for him to sign a contract stating that he indeed borrowed that much money, otherwise it would be my word against his. am i correct ?


Asked on 12/02/01, 2:37 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: how do i get started with a small claims court case?

your word is enough to win your case.

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Answered on 12/02/01, 2:45 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: how do i get started with a small claims court case?

Thanks for your posting. To start with a small claims case, you don't have to get anything in writing. Contracts can be oral (not written), and are not required to be in writing. The key issue in these types of things are whether or not the money was truly a GIFT, or whether it had to be repaid (a loan).

To start, go to the courthouse and get the form or forms to file a case, and have them filed and then serve the defendant.

Nolo press (www.nolo.com) also has an excellent do it yourself book that you might find helpful on small claims cases.

Thanks, and best of luck, Robert

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Answered on 12/02/01, 7:37 pm


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