• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Two questions about Small Claims in California

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

lameri

Junior Member
1- I see that the form SC-100 tells you (on Item 3) not to include filing fees. How do you let the judge know you want those? Do you have to wait and doing during court. He's not going to know necessarily what service of process you used, for example.

2- Is prejudgment interest alwasy 10%? And how do you calculate it if you don't have the exact court date when you fill out the form, that is, the amount on the first line of Item 3 can't be exact because you don't know the exact number of days.

Thank you!
 
Last edited:


dcatz

Senior Member
1- I see that the form SC-100 tells you (on Item 3) not to include filing fees. How do you let the judge know you want those? Do you have to wait and doing during court. He's not going to know necessarily what service of process you used, for example.
Filing fees are statutory and service costs are reflected on the filed Proof of Service. They’ll be included in the judgment, if you prevail.

2- Is prejudgment interest alwasy 10%? And how do you calculate it if you don't have the exact court date when you fill out the form, that is, the amount on the first line of Item 3 can't be exact because you don't know the exact number of days.
It is unless a different rate is provided by written contract. If the court determines that you’re entitled, it will calculate from date of default/breach to and including date of entry of judgment, but you have to ask for interest to be included or it won’t be.
 

lameri

Junior Member
Thank you, so...

what do you exactly write on the first line of Item 3? Say the amount without interest is 1000, do I write:
1000 + interest at 10%

or do I do an approx. calculation, or what?
Thanks!
 

lameri

Junior Member
I just see it doesn't fit

After "The Plaintiff claims the Defendant owes $", there is only space for like 15 characters, so not even the word "prejudgment fits" (probably because they expect a number). Do I calculate an amount only till filing date, or do I write "1,000 + interest"?
Thanks!
 

dcatz

Senior Member
(I’m sorry, but this is getting foolish – I just don’t expect anyone else to respond.)

OP – no, they don’t expect a number; if interest is awarded, they can do the math.

You’re trying to use an online, fillable PDF form. Download it and "write tiny" – you have to send it to the court anyway; abbreviate - "prin.+ int."; waive pre-judgment interest; every Superior Court in CA has a self-help advisor – call and ask for suggestions. I’m finished with this thread.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top