Warning before process?

[Wassdeet]

CA

I am considering taking an employer to small claims court. Since employer didn't have much money (I was paid employer about 10% of the total work), I said I would wait till the project was done (a short film). Since then employer didn't answer any emails. I'm giving employer an even better deal, settling for 40% (within reason of employer's present resources).

My question is; can I send employer a warning that I intend to sue or just sue within a week?

 

[Leeswerge]

Small Claims Process in Cali

CA

I am considering taking an employer to small claims court. Since employer didn't have much money (I was paid employer about 10% of the total work), I said I would wait till the project was done (a short film). Since then employer didn't answer any emails. I'm giving employer an even better deal, settling for 40% (within reason of employer's present resources).

My question is; can I send employer a warning that I intend to sue or just sue within a week?

You have not even begun to help yourself. You first need to, minimally, do an online search for "California Small Claims Court" and look at the .gov website on rules. Each court and each county has its own rules that you must follow. I've done small claims in several counties and most of them answer your question above in the affirmative. You MUST send a demand notice to the person who you are suing before even filing your claim. because that is your proof to the court that you tried to settle outside of court. Get your ducks in a row, go to the library and check out a few books on California small claims and try to settle before court.

 

[Zigner]

You have not even begun to help yourself. You first need to, minimally, do an online search for "California Small Claims Court" and look at the .gov website on rules. Each court and each county has its own rules that you must follow. I've done small claims in several counties and most of them answer your question above in the affirmative. You MUST send a demand notice to the person who you are suing before even filing your claim. because that is your proof to the court that you tried to settle outside of court. Get your ducks in a row, go to the library and check out a few books on California small claims and try to settle before court.

Please point out where one must send a demand letter prior to filing.

 

[quincy]

While it is suggested that a party contact the person they have a dispute with, to try to work matters out before filing suit, I do not see any requirement for either this or for sending a demand letter.

Here are two links to California's Small Claims Self-Help site, the second link a direct one to "Suing Someone" in small claims:

http://www.courts.ca.gov/selfhelp-smallclaims.htm

http://www.courts.ca.gov/1007.htm