Legal Question in Civil Litigation in California
i am trying to find the correct forms to file for a civil case. I have a written letter stating that i loaned this person money in 2007. They have not kept up with making the $100.00 per month payments. The amount is a little more than 11,000.00. i want to file against them but i do not know what forms i need to fill out. i would appreciate it if you can just tell me the forms i need, The case is in california. thank you
3 Answers from Attorneys
It's easier to sue in small claims court, but you can only get $7,500. There's a lot more to practicing law than just filling out forms. If you want to sue for $11,000 you'll probably want to have a lawyer on board.
If you want a form, it's Complaint-(Breach of) Contract. You can find it on the Judicial Council website. The amount might be enough for the defendant to retain an attorney. If that happens, you might want to do the same.
You can find forms for free here:
http://www.courtinfo.ca.gov/forms/
You will need this form:
http://www.courtinfo.ca.gov/forms/fillable/pldc001.pdf
AND this form:
http://www.courtinfo.ca.gov/forms/fillable/pldc0011.pdf
You will also need a Summons, a Civil Case Cover Sheet, and depending on the local rules, a Civil Case Cover Sheet Addendum.