Does a Claim Form Need to Be Signed

Question: I represent a creditor who sued a business before it went into receivership. The court set up an application procedure and the recipient sent application forms. Can I sign the application form on behalf of my client or is it better for my client to sign? The application form requires you to provide the postal service with certain information about the complaint, including the names of the parties, the court before which the case will be heard, the file number of the case (if already filed) and the capacity in which the customer of the postal service is served (for example. B as a party or witness). If you are a natural person representing you, you do not need to answer question 5 (which requires the law that allows you to serve court documents). When a company sues, it is necessary to specify the law that authorizes the service. Information about the route can also be found on the VTA website. Call TRAVINFO by dialing only 511 from one of the nine counties in the San Francisco Bay Area for information: Basic Rules – To serve a defendant in your case through a substitute service, the processing server must leave a copy of the application form at the defendant`s usual home or place of business. It must be filed in the presence of a competent member of the defendant`s household who is at least 18 years of age or during normal business hours with the person responsible for the defendant`s establishment. A representative appearing in small claims court on behalf of a defendant should present at the hearing a completed and signed power of attorney to appear on behalf of a party (Form SC-109). The following rules apply to assigned and unassessed receivables, unless otherwise specified.

If you wish to amend your application and it has not yet been served, all that is required is that you (a) prepare a new application form (Form SC-100), (b) file the new application form, and (c) someone serve it on the defendant. If you are applying to Small Claims Court, be sure to bring your copy of the original application form (Form SC-100). If one of the defendants has received notification of the original claim, you must first send a letter to Small Claims Court asking the court for permission to prepare and serve an amended claim. However, there are many exceptions to this general rule. (See, for example, “Car Accidents” in the next column.) If you need help deciding which district or area of court you want to file in, contact a small claims advisor. It is important that you file your case with an appropriate small claims court. In large counties, the district is divided into areas of judicial status. In these counties, you must also file your case in the correct area of the court location in that county.

If you wish to remove the names of one or more defendants from your claim, you can use the termination form you received with your lawsuit or a request for dismissal (Form CIV-110). Be sure to state that you are only dismissing the case against certain named defendants and that you are not dismissing the entire case. As a courtesy, you must inform the released defendants that they do not have to appear in court by providing them with a copy of the submitted release. You don`t need to choose an area code. The service is free, but you have to pay for the local call. Or visit www.511.org for transportation information and links to websites. The Metropolitan Transportation Commission sponsors both services. You should also read the pages for the defendant and plaintiff: About Small Claims Court, Alternatives to Lawsuits, Preparing Your Day in Court, Judgment – Court Decision, and Recovery of Property and Money. You can also find useful information on these small claims pages: Small Claims Advisor and Small Claims FAQs. Exceptions to the general rule that requires the filing of a case in the county and territory of the court where the defendant resides are somewhat complex and difficult to understand.

If you intend to take legal action against a defendant outside of the county and judicial district where the defendant resides, you should contact a local small claims consultant to determine if your case falls within an exception to the general rule. You can obtain your claim filing forms by going to Small Claims Court or by writing to a Small Claims Court or by clicking on the Judicial Council`s self-help website under www.courtinfo.ca.gov. While completing these forms is usually simple, it is useful to read the information related to small claims claims (Form SC-100-INFO). You will receive them when you go to Small Claims Court to file your claim. You can also view it and other court forms on the Judicial Council`s self-help websites. You can fill out most of these forms on your computer. Some courts allow you to submit forms by fax or the Internet. Special Proof of Service Form – The person submitting the applicant`s application by alternative service must complete and sign a special proof of service form entitled Proof of Sending (Alternate Service) (Form SC-104A).

This completed form must be submitted to Small Claims Court at least five days prior to the hearing. Once you have read the release form and understood the terms and consequences, you can sign the form and send it to the insurance company in exchange for the amount of the settlement offered. The application form you will sign requires you to confirm that the information you have requested is necessary and will only be used for the service of legal proceedings in connection with an actual or potential lawsuit. For this reason, it is important that the information you receive is used for this purpose and not for other purposes. A violation can have significant criminal consequences. The county clerk maintains a list of fictitious business declarations. The statement lists the names and addresses of the owners of companies operating under a name other than the name of the owners (called the “fictitious name of the company”). Check the company`s computer list for the owner`s name and certificate number, and ask the clerk to help you find the certificate in the files. The certificate contains the name and address of the owner. In some counties, you can get this information by mail. Check with your county clerk to determine availability, cost, and procedure. You can find the address and phone number of your county district clerk`s office on the government pages of your phone book or online.

It is usually listed in the county section under the heading “Assessor-County Clerk-Recorder” or “County Clerk”. The records of the District Assessor and District Clerk may also contain this information. (d) A claim filed by a partnership. A partner must sign the form indicating his title of partner and indicate the full name of the company. Make sure you allow enough time to get the process going. If possible, give yourself at least six weeks for the service process (i.e. get a hearing date of at least six weeks). Someone must provide each defendant with an authentic copy of the plaintiff`s application form (Form SC-100) at least 15 days before the date of the hearing if the defendant resides in the county where the lawsuit is filed, or at least 20 days before the date of the hearing if the defendant resides outside the county where the lawsuit is filed. If the service has been replaced, add 10 days to each of the two time requirements listed above (the replaced service will be discussed in more detail later). A form for the release of all claims may be included as part of a settlement agreement, which is a document that agrees to resolve the parties` disputes, deny their claims, and release the opposing parties from any liability. The release of all claim forms is also known as the disclaimer form.

Note: The Plaintiff`s Claim and Order form leaves room for two plaintiffs and two defendants. If you need more storage space, use form #SC-100a. When you file your case, you must indicate on your application form (Form SC-100) why the court where you filed your application is a court of competent jurisdiction. In particular, in cases filed against a defendant who lives outside the county (or outside the place of court where the court is located), the judge will carefully consider and decide whether the court is appropriate for that case. If the case is directed against a guarantor whose legal liability is based on the acts or omissions of another, the maximum claim is $2,500. However, there are two exceptions to the court`s $2,500 amount: (1) If you are an individual suing a guarantor who charges a fee for their guarantor or surety services, the maximum amount is $6,500. (2) If the plaintiff is not an individual and the defendant guarantor charges a fee for his or her services or is the registrar of the Contractors State License Board because the plaintiff is suing for security for a contractor, the maximum amount of the claims is $4,000. In this case, be sure to name both the contractor and the guarantor as the defendant and be prepared to prove a violation of the contractor`s licensing laws. .