what type of law is small claims? I want to direct mt question to the right specialist. I want to know if I can take someone to small claims court a second time. The first time the Judge dismissed it because I had the wrong time for court. I filed another form to tell him the reason and see if he would grant me another date and I was denied. That was last year. I believe I could win my case if given another chance. I have everything documented.
Answer
Small claims court is for any type of claim for a relatively small amount of money. If you are an individual and this is your first claim in the past 12 months, the most you can ask for is $10,000. I also assume that you are filing in California - the limit is likely different in another state.
You must be very careful to follow all the rules and fill out all the forms correctly. You should be able to find some assistance in this regard at or ner the courthouse that will hear your claim.
So long as the prior decision was a procedural one (like putting the wrong date and time on the forms) instead of a decision on the merits of your claim, and so long as the statute of limitations has not expired, you should be able to refile your claim.
Best of luck to you.
Answer
I suggest taking the paperwork from your previous case and speaking to a small claims advisor who is usually located at the court house where the small claims cases are heard. Call the court in advance and find out where your nearest small claims advisor is located.
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