Legal Question in Civil Litigation in California
small claims question
In California, if I have to spend money on a process server, can I have that reimbursed in the amount of
the judgement that I obtain, if I win in smalls claims
court? Thanks in advance
2 Answers from Attorneys
Re: small claims question
Yes, you may request your costs associated with the action. Process server included. If you do not mention it in your complaint, request it at the hearing when your speaking with the judge.
Re: small claims question
Just as in a regular civil case (non small claims) you have the right to recover specific enumerated costs such as a process server if you are the prevailing party.
Keep in mind that the court will order the defendant to reimburse you if you can prove you paid the money to the process server. In short, get a bill which reflects the amount for service and the fact that you paid.