Legal Question in Civil Litigation in California
filing a motion or claim in small claims court?
What is the difference between filing a claim and filing a motion in small claims court?
2 Answers from Attorneys
Re: filing a motion or claim in small claims court?
A small claim is actually a lawsuit that fits in the guidelines for disposition by the small claims court. A motion is one of any number of requests a party makes during a lawsuit.
Re: filing a motion or claim in small claims court?
If it is a government entity that you wish to sue you must first file a government claim. Once you receive a letter denying the claim then you may file a lawsuit within six months of the date of the letter. If you wish to sue in Small claims you are limited to $5000 in damages. If you would like additional information please feel free to contact my office at 888-563-8529
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