Legal Question in Civil Litigation in California
limited civil suit
I am trying to find out which forms I need to file a limited civil suit over $10,000. I cannot afford an attorney. So I will be filing the lawsuit myself, please help. I went to the courthouse but they cannot tell me which forms I need. They can only give me the forms I request!! waiting for your help.
2 Answers from Attorneys
Re: limited civil suit
What kind of form you need depends on what kind of lawsuit you have. The Judicial Council, (which is a division of the California Supreme Court) is tasked with the responsibility for developing the forms for various types of lawsuits. They have developed optional and mandatory forms.
There are forms for unlawful detainer, breach of contract, and personal injury cases. The court clerk cannot tell what kind of form you need unless you ask for it. The court clerk is prohibited from choosing what type of form you need, because this would constitute the unauthorized practice of law. (You wouldn't want her to choose anyway, she might get it wrong, and she does not have a law degree, even though she means well!)
Feel free to send me an e-mail describing your case and I will direct to a location where you can obtain the forms for free. I will need to know the facts of your case, and make sure that you are not suing one of my existing clients.
Very truly yours,
Re: limited civil suit
Depending on the nature of your complaint and where you're attempting to file, you need at minimum: Summons, Complaint (either contract or personal injury), Civil Case Cover Sheet, perhaps Statement of Location. Feel free to e-mail me with specific info. The forms may be found at: http://www.courtinfo.ca.gov/forms/; http://www.occourts.org/scripts/formsearch.pl; and/or http://www.lasuperiorcourt.org/civilCaseSummary/index.asp?CaseType=Civil.