TO FILE A CLAIM OF DEFENDANT

How to Begin Using the Program If You Are a New User.

1. Using the mouse, left click on the yellow toolbar entitled "Sign Me Up." The Welcome page for the Small Claims E-Filing program will display. Please read the information on this page carefully before proceeding.

2. To continue, click the Next button on the yellow toolbar located at the bottom of the page. The system will now take you to the User Information page.

User Information page.

1. Create a "User ID" consisting of 5 to 12 characters.

2. Create your own password; try to use something that you will remember for future use.

3. Enter the same password again to confirm it.

4. Enter a hint to help you remember your password. Although this field is not required, it is a good tool to help you recall your password. NOTE: If you are unable to recall your user ID or if you have not provided a hint and cannot recall your password, you must register again.

5. Enter a telephone number we can use to contact you during the workday in case we have questions about your case.

6. Enter your e-mail address. The system will send an authorization code to this e-mail address and you will need this code number to complete your claim.

NOTE: You may experience a delay in receiving your authorization number. This is because the speed with which e-mail is received varies between service providers. In the event you have not received your authorization number by the time you complete your claim, you may save your claim information for up to five (5) calendar days. You may complete your filing when you receive the authorization number.

7. If you anticipate using the system for additional filings in the future, you may choose to have the system save the personal information you have entered. If you wish to do this, click "Yes" at the bottom of the page. Once you have clicked "Yes," additional boxes will display on the lower portion of this page. You should then enter the required information.

8. When you have completed all of the required information on this page, proceed by clicking the Next button on the yellow toolbar located at the bottom of the page. The User’s Welcome page will display.

How to Begin Using the Program If You Have Previously Registered As a User

1. If you have already registered as a user by creating a user ID and password, enter the same user ID and password that you previously created in the appropriate areas on the right half of the page under the heading, "Have you filed a claim on the Internet before?"

NOTE: It is not necessary for you to have actually filed a claim on the Internet before; all that is required is that you have previously registered for the e-filing program.

2. Your user ID and password remain active for a period of 59 calendar days. If you log into the e-filing program again during this 59-day period of time, your ID and password will reactive for another period of 59 days. The 59-day period begins anew each time you log in; it is not cumulative.

3. If you are able to recall your ID but not your password, and if you provided a password hint when you registered, use the mouse to left click on the link entitled "Password Hint" for a reminder to help you recall your password.

4. If you are unable to recall your ID or if you have not provided a hint and cannot recall your password, you must register again.

The User’s Welcome page.

Each time you log onto the program you will be given the opportunity to verify and/or edit your user information. If you wish to change any of your information, click on the yellow button located near the top left side of the page entitled "Click Here to Change Your Information." This will return you to the User Information page. When you have edited the desired information, proceed by clicking the Next button on the yellow toolbar located at the bottom of the page. You will again return to the User’s Welcome page.

NOTE: It is very important that you regularly update any change in your e-mail address. This is because all responses and/or claim documents will be sent to the address provided in your user profile.

• At the field entitled "Select an option below:"

If you are a new user:

• The only option available to you will be to select the button entitled "File a new claim."

If you have previously registered as a user:

• If you wish to file a new claim, click on the button to the left of "File a new claim."

• You may also select "Resume a previous claim." These are claims that you previously started, but have not yet submitted to the court for processing.

1. To continue completing a pending claim, click on the button "Resume a previous claim."

2. Click on the down arrow on the right side of the box entitled "Select a Claim." All claims that you have previously started but not yet submitted for filing will display.

3. Use the mouse to select the claim you wish to resume.

• You may also view claims that you have previously completed and submitted for filing.

1. Click on the down arrow on the right side of the box entitled "Previously completed claims." All previously completed claims will display.

2. Click on the link provided for the claim you wish to view. These claims can be viewed only and cannot be edited as they have already been submitted for filing.

• To proceed, click on the Next button on the yellow toolbar located at the bottom of the page. The page entitled "Please review the following important information about the on-line small claims filing process:" will display.

"Please read this page carefully".  You must type the words "I agree" in the box provided on the lower left of the page to indicate that you have read and understood the terms and conditions provided in the information on this page.

• To proceed, click the Next button on the yellow toolbar located at the bottom of the page. The Claim Information page will display.

Claim of Defendant: (Defendant’s Claim and Order to Plaintiff)

• Choose Claim of Defendant ONLY if you have been sued and you wish to file a claim against the party who has sued you.

• If you have not been sued by another and you wish to sue someone, you should file a "Plaintiff’s Claim and Order to Defendant." Instructions for doing that can be found under the heading, "To File A Claim of Plaintiff."

• In the case of a Claim of Defendant, you may only name (sue) persons who were shown as plaintiffs on the Claim of Plaintiff that you have received. If you wish to sue someone who was not shown as a Plaintiff on the Claim of Plaintiff, you must file a Plaintiff's Claim and Order to Defendant. (See heading, To File a Claim of Plaintiff)

NOTE:  When a Defendant's Claim and Order to Plaintiff is filed, the parties continue to be referred to as they were on the original Plaintiff's Claim and Order to Defendant. In other words, the person or entity suing on a Defendant's Claim is still called a defendant and the person or entity being sued is still called a plaintiff.

Claim Information page.

1. If you select "Claim of Defendant," you will be asked to enter the claim number from the Claim of Plaintiff. This number is located in the upper right corner of the Plaintiff’s Claim and Order to Defendant. These are the papers that were served on you.

NOTE:  Once you have made a selection of either a "Claim of Plaintiff" or "Claim of Defendant" and leave this page, you will be unable to modify your selection.

2. To proceed, click the Next button on the yellow toolbar located at the bottom of the page. The Claim Information (cont.) page will display.

NOTE:  A Claim of Defendant does not require venue information; therefore, the first page of Claim Information that would appear for a Claim of Plaintiff will not display.

Claim Information(cont.) page

1. At the field entitled "Claim Type:"

• Click the down arrow located on the right side of the box entitled "Select One." A drop down list of case types will display. Use the mouse to left click on the claim type you wish to select.

2. Provide a brief description (400 characters or less) of your claim.

3. Click either the "Yes" or "No" button to answer the question, "Have you filed 2 Small Claims actions seeking over $2,500.00 anywhere in California in this calendar year?"

• If you select "Yes," you may either enter an amount that does not exceed $2,500 or you must file either a general or limited civil action with the Court’s Civil Division. This must be done at the participating Courts Civil Division either in person or by mail. Online filing is not available for limited or general civil cases.

4. Enter the dollar amount you are suing for (not including court costs).

• If the amount you are seeking exceeds $5,000, you may elect to proceed in small claims court, but your judgment will be limited to $5,000.

• Alternatively, you may file either a general or limited civil action with the Court’s Civil Division. This must be done at the downtown courthouse located at 720 9^th Street either in person or by mail. Online filing is not available for limited or general civil cases.

5. Click either the "Yes" or "No" button to answer the question, "Have you asked the plaintiff for the money?"

• If you click the "No" button, a text box will display. Within that box, you must type in the reason you have not asked the plaintiff for the money or property in dispute.

6. To proceed, click the Next button on the yellow toolbar located at the bottom of the page. The Person/Entity Filing This Claim of Defendant page will display.

Person/Entity Filing this Claim of Defendant page.

On this page, you will be entering information about the person or entity that is filing this Claim of Defendant.

• At the field entitled "The person/entity filing this claim is:"

1. Click the down arrow located on the right side of the box entitled "Select One." A drop down list of party types will display.

2. Use the mouse to left click on the party type you wish to select for the first named person/entity filing this Claim of Defendant.

3. Enter information for each required field that displays on this page.

4. The question "Is this party a minor or deemed legally incompetent?" will not be answered until you click on either the "Yes" or "No."

5. To proceed, click the Next button on the yellow toolbar located at the bottom of the page. The Person/Entity Filing This Claim Summary page will display.

The Person/Entity Filing this Claim Summary page.

This page provides a summary of the information that you have entered about the person or entity that is bringing this action.

1. You may edit or delete the information about the person or entity bringing this action and/or you may add an additional person or entity.

• If you wish to edit or delete information, use the mouse to left click the yellow button associated with the appropriate options.

• To add additional people or entities, continue selecting this option as often as necessary to add all such people or entities to the claim.

2. To proceed, click the Next button on the yellow toolbar located at the bottom of the page. The Person/Entity Being Sued page will display.

The Person/Entity Being Sued page.

On this page, you will be entering information about the person or entity that you wish to sue. Remember that in the case of a Claim of Defendant, you may only name (sue) persons who were shown as plaintiffs on the Claim of Plaintiff that you have received. (See heading, Claim of Defendant)

1. At the field entitled "The person/entity being sued is:"

• Click the down arrow located on the right side of the box entitled Select One. A drop list of party types will display.

• Use the mouse to left click on the party type you wish to select for the first person you are suing.

2. Enter information for each required field that displays on this page.

3. In some instances, people or entities use more than one name. For example, John D. Smith may be known by that name, by J.D. Smith and Johnny Smith. In some instances, a person or entity may be doing business under a business name. For example, John Smith Corporation may be known by that name and be doing business as J.D. Smith and Associates.

• If the person or entity you are suing is known by other names and you wish to include those names, click on the "ADD" button located near the center of the page. A new page will display which allows you to add up to (10) ten additional names. If the person uses more than ten additional names, you may return to the previous page and press the "Add Additional Names" button again as often as is necessary.

4. Click on one of buttons to indicate the type of service you prefer.

5. If you elect to have the Small Claims Court attempt service by certified mail, you will receive only one copy of your claim by return e-mail. This is your copy.

• There is a fee for having the court serve your claim by certified mail.

• You must provide the court a mailing address for any persons or entities you wish to have served by certified mail.

6. If you choose to have the party personally served:

• When you receive the e-mail with the final copies of your documents, you will receive copies to be used for serving each of the named plaintiffs.

• You will also receive instructions for service with the final paperwork.

7. To proceed, click the Next button on the yellow toolbar located at the bottom of the page. The Person/Entity Being Sued Summary page will display.

Person/Entity Being Sued Summary page.

This page provides a summary of the information that you have entered about the person/entity you are suing.

1. You may edit or delete the information for the named person/entity and/or you may add an additional person/entity.

• If you wish to edit or delete information, use the mouse to left click the yellow button associated with the appropriate options.

• To add additional persons/entities, continue selecting this option as often as necessary to add all persons/entities to the claim.

2. To proceed, click the Next button on the yellow toolbar located at the bottom of the page. The Confirm Information page will display.

Confirm Information page.

This page provides a summary of all of the information that you have entered about your claim.

Review all of the information on this page very carefully.  This is the information that will print out on your claim.

1. You are once again given the opportunity to edit information for any page. If you wish to edit any information, use the mouse to click on the yellow button entitled "Edit the Above Information", "Edit Person/Entity"  for Person/Entity Being Sued or  "Edit Person/Entity" for Person/Entity Filing This Claim."  You will be returned to the appropriate page to make corrections.

2. Once you have edited the desired information, click the Next button on the yellow toolbar located at the bottom of the page. This will take you back to the Confirm Information page.

3. You may also add additional persons/entities suing or being sued from the Confirm Information page.

4. Ensure that there are green check marks in each box entitled "Page Form Complete."

• A green check mark indicates that the information for that page is complete for processing.

• A blank indicates that information for that page is incomplete.

• The system will not allow you to submit your claim until each of these boxes has a green check mark.

• In the event you need additional time to research any missing information, you may use the mouse to select the "Quit" button on the yellow toolbar located at the bottom of the page. The system will save any information you have entered about this claim for five (5) calendar days. You may return to the site and complete filing this claim at any time during that five-day period.

5. If this is the first time you have used the system:

• When you first registered, an e-mail message was sent to you that includes your authorization code. Check your e-mail and enter the authorization code where requested.

6. If you previously registered:

• At the time you first registered, you received an e-mail message with your authorization code. If it has been 59 calendar days or less since you registered and/or last filed a claim, the system has retained your former information. The system will advise you "Your authorization code has been verified."

7. A Claim of Defendant does not provide the ability to select a court date; therefore, the box entitled "Please Select a Court Date" that would appear on a Claim of Plaintiff will not display. The Court will set the court date to be the same date and time as those of the Claim of Plaintiff.

8. To proceed, click the Next button on the yellow toolbar located at the bottom of the page. A "Security Alert" box will display. To proceed, click the "OK" button. The Claim Payment page will next display.

Claim Payment page.

Fees and Costs

1. The fields located at the top of this page provide a breakdown and total of the filing fees and costs associated with your claim. Please verify that this information is correct.

2. Credit Card Information

• Enter the name of the cardholder exactly as it appears on the credit card.

• Enter the credit card number exactly as it appears on the credit card.

• Use the drop down box to select the type of credit card you are using.

• The system currently accepts only Visa or MasterCard.

• Click on the down arrows in the "Expiration Date" field to select the month and year your credit card expires.

• Enter information in each of the fields under "Billing Information."

• This system will not save credit card information. All other information may be saved for future use. You should click either the "Yes" or "No" button to indicate whether you want the billing information to be saved.

3. To submit your claim for processing, click the Next button on the yellow toolbar located at the bottom of the page. A Security Alert box will display. Select "Yes" to continue filing your claim.

4. A page that states "Your Claim Has Been Submitted" will then display.

Your Claim Has Been Submitted page.

1. Important information provided on this page is as follows:

• You will receive your legal documents and further instructions by e-mail within two (2) court business days.

• Your Claim ID is: "The system will generate a unique Claim ID number for each case that you file electronically. You should retain this number so that we can assist you in tracking your claim, if necessary."

2. For a printer friendly version of your claim information, select the link entitled " Click here."

What Happens Next?

Once you submit your claim, it will be downloaded into the temporary database of the small claims case-management system on the next court business day. You will receive a "Notice of Acknowledgment of Receipt" by e-mail. A copy of the claim you submitted for filing will be attached. This copy will not have either a case number or a court date assigned. It is intended solely for verification of the information to be included in your claim and is for your records. Please print the document(s) and carefully review the information therein. If correct, you must sign the document(s) and retain each of them for your records. The court or any party may request that you produce the signed document(s) at any time during the proceedings.

In the event the information shown in the attached document(s) is not correct, please contact the participating court immediately at the following link. Should you need to contact the court regarding this matter, please provide the Claim I.D. number.  When you receive your documents from the court which show a case number and hearing date, your claim has been officially filed. Thereafter, if you need to make changes to your claim, you cannot do it online. Please e-mail or call your participating for assistance.

If the information is correct you need not respond to the court; however, in the event you wish to expedite your claim, you may send an e-mail to the participating court you selected to E-File your Small Claims with advising the clerk that no changes are necessary to your claim and requesting that it be filed.

Your document(s) will be filed as submitted unless you respond to the court within 24 hours from the time this notice was sent. You will receive a "Notice of Acceptance of Filing" along with the filed document(s) and further instructions by e-mail within two (2) court business days. These documents will have a case number and will have a court date assigned.

• NOTE:  In the event that the attachment to the e-mail you receive is missing, please contact the participating court you selected to E-File your Small Claims. The E-Mail & Phone numbers can be found at the following link.