Filing A Small Claims Lawsuit In California

Summary

To file a small claims lawsuit in california, you need to fill out a plaintiffs claim form, file it with the court, serve the defendant, and attend the court hearing. You can serve the defendant out of state by certified mail or hire a process server in their state. If the defendant doesnt respond to the court order, you can request a default judgment. The defendant is not required to attend the court hearing in california, but if they dont, they risk a default judgment. Its best to find the defendants current address for proper service. You can hire a private investigator or use online people search services to find their address. You can also serve the court documents to a third party who is not a party to the case and is over 18. In california, you can serve someone through a third party who is not a party to the case and is over 18. Paypal receipts and text messages can be used as evidence in court. Pictures of

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i sent a friend $*,* via PayPal to put as a deposit to buy his vehicle and he changed his mind and said he would send my money back but it’s almost been a year since I sent it and I asked for my money back again and now he blocked me and won’t respond to my calls, emails, text messages. He lives in North Carolina and I live in Long Beach California. I have the PayPal transactions where I stated it was for a deposit on a gmc Denali truck.
Did you have a written agreement with your friend about the vehicle purchase?
no
What was the reason given by your friend for not returning the money? In California, verbal agreements can be legally binding, but proving them can be challenging.
He texted me that he got sick and his money was tied up. He said once he got back on his feet he would send me my money back. I have messaged him asking for payments to send me $* or $* every week but he just stop responding
Did you ever discuss this issue with PayPal or any other authority? In California, you can file a small claims lawsuit for amounts up to $*,*.
no because I sent the payment through friends and family there is nothing they can do
Have you considered filing a small claims lawsuit in California?

- California allows small claims lawsuits for amounts up to $*,*.
- Long Beach Courthouse: * W Ocean Blvd, Long Beach, CA *, Phone: (*) *-*.
no because he lives in North Carolina and I’m in California. Do I haveto file in his state?
You can file a lawsuit in California if the transaction occurred there. However, enforcing the judgment may be more complex if the defendant lives out of state.
I was in California when I sent the money transfer to him North Carolina
You can file a lawsuit in California as the transaction occurred there. However, enforcing the judgment in North Carolina may require additional steps.
so I can file in California because I live here?
Yes, you can file in California as the transaction occurred there. However, enforcing the judgment in North Carolina may require additional steps.
what are the steps I need to take ?
To file a small claims lawsuit in California, you need to:

- Fill out a Plaintiff's Claim form
- File the form with the court
- Serve the defendant
- Attend the court hearing

Long Beach Courthouse: * W Ocean Blvd, Long Beach, CA *, Phone: (*) *-*.
how do I serve defendant if they live out of state?
You can serve the defendant out of state by certified mail, return receipt requested, or by hiring a process server in their state. Remember, proof of service is required.
what happens if he doesn’t respond to order?
If the defendant doesn't respond to the court order, you can request a default judgment from the court. This means the court may rule in your favor due to the defendant's lack of response.
does the defendant need to come to California to attend court
The defendant is not required to attend the court hearing in California, but if they don't, they risk a default judgment being entered against them.
what if I don’t have his new address can I send it to his old residence
You can attempt to serve him at his old address, but if he no longer resides there, it may not be effective. It's best to find his current address for proper service.
how can I find this information?
You can hire a private investigator or use online people search services to find his current address. Remember, accurate information is crucial for effective service.
how will we know if he received the court papers
You will know if he received the court papers through the return receipt from certified mail or the affidavit of service from a process server.
what happens if he lies and says it’s not him when they deliver court documents
If the process server can confirm the person's identity at the time of service, the court will likely consider the documents properly served, even if the person denies their identity.
can I send documents to his family and friends that speak and see him on a daily basis
Are you asking if you can serve the court documents to his family and friends? In California, you can serve someone through a third party who is not a party to the case and is over *.
yes
In California, you can serve the court documents to a third party who is not a party to the case and is over *. However, they must be willing to hand the documents to the defendant.
they don’t live in California they live in North Carolina next to defendent
Are they willing to serve the documents to the defendant on your behalf?

In North Carolina, third-party service is allowed if the person is over * and not a party to the case.
i don’t know but there information showed up when I searched him up to find his new address
Have you tried reaching out to them to see if they would be willing to serve the documents to the defendant on your behalf?
no because they are his family they would not do anything that would hurt him
Have you considered hiring a professional process server in North Carolina to serve the documents to the defendant? They are trained to handle such situations.
no how much does something like that cost?
The cost of hiring a professional process server can vary, but it typically ranges from $* to $*. This can depend on the location and complexity of the service.
do they have a fee waiver for this if I’m low income
Yes, California courts offer a fee waiver for low-income individuals. You can apply by filling out a "Request to Waive Court Fees" form.
and they will find someone to serve him as well?
No, the court doesn't provide process servers. You would need to arrange for service of the documents yourself, either through a professional process server or certified mail.
would a PayPal receipt with noted details of our transaction be sufficient enough to use as evidence as well as multiple text messages where I’m asking for the money and he just says call me or all my ignored emails and text messages. I have some text messages where he’s telling me to use Zelle or PayPal and to use friends and family so it doesn’t charge him tax fees
Yes, PayPal receipts and text messages can be used as evidence in court. They can help establish the existence of a debt and your attempts to collect it.
I gave him $*,* for deposit on his truck and he sent me pictures of it. I could use this in court
Yes, pictures of the truck and any other related communication can be used as evidence in court to support your claim.
What are my chances of getting my money back
What steps have you taken so far to recover your money? In general, your chances depend on the evidence you have, the court's judgment, and the defendant's ability to pay.
I’ve sent him request through PayPal for the entire amount, I have sent PayPal request asking for $* and I’ve emailed him, texted him, he’s ignored everything. He won’t respond to anything
Have you documented all these attempts to contact him and his lack of response? This could be useful evidence in your case.
yes. When I told him I will take him to court he told me I can’t do anything. But I reminded him that I wrote specifically deposit for Denali truck as he even told me to do so . But he said good luck proving it
What other evidence do you have that can support your claim?
text messages that he told me he had feelings for me and once I rejected his feelings he wanted to stop talking and take my money.
Did his behavior change after you rejected his feelings, and did he explicitly state that he won't return your money because of this?
Yes he stopped talking to me the next day I rejected him. And no he didn’t say he wouldn’t send me money back he said he didn’t have it to send back. But when he did he will pay me and I said he could do payments and I asked how long until he can he said he didn’t know. He blocked me on all social media it’s been since Feb * I asked for money back . he sent me pictures in and outside and it shows for sale sign .
Did you ever receive any written communication where he acknowledges the debt he owes you?
the text messages of him telling me where to send the money. And the text messages I send to him asking for money back and he ignored me and my request via PayPal asking to return my deposit. If he didn’t owe he would have argued why I would say that wouldn’t you think
Yes, his lack of denial could be interpreted as an acknowledgment of the debt. Do you have any other evidence that could support your claim?
no only the picture of his vehicle and I also have a voicemail him saying I got to call him because he can’t text
Do you have any written communication where he acknowledges that the money you sent was for the deposit on his vehicle?
no but again if I wrote deposit for vehicle and he accepted the money via PayPal and seen that , he would have denied the deposit wouldn’t you think
Did he ever acknowledge in any form of communication that the money you sent was specifically for the deposit on his vehicle?
only verbally and on our transaction via PayPal I wrote that in the details of why I was sending funds
Did he ever dispute the purpose of the funds when you mentioned it in the PayPal transaction details?
No never he told me verbally to do so. But I have text messages him telling me to send more or whatever I could via PayPal or zelle
Did he ever specify what the additional funds were for in the text messages?
no
What was the total amount you sent him including the additional funds?
I sent him three transactions via PayPal *) $*,* *)$*,* *) $*,* and each transaction I wrote Deposit for Denali truck
Did he acknowledge receiving these transactions and did he ever dispute the purpose of the funds as stated in the transaction details?
Yes he acknowledged when the money reached him that he got it. It shows the day and time he received it as well in my PayPal account. He never disputed anything
Did he ever provide a timeline or a plan for returning your money?
he said once he was back on his feet and he mentioned he was going to sale his house and when he does he will pay me and I asked for a timeframe 6 months a year and he said he didn’t know. That’s when I told him he could send me payments whatever he could and he said okay but has failed
Did he ever make any payments towards the debt or has he completely failed to pay anything back?
he’s completely failed to send anything and acknowledge me or my calls , text messages
What steps have you taken to escalate this issue, apart from contacting him directly?
via PayPal request, Zelle request,
Have you considered reporting this to your local law enforcement or the Federal Trade Commission for internet-related fraud?
no because he’s my friend for 30 years I thought it was a personal matter that needed small claims
Have you considered seeking legal advice from a lawyer to understand your options better? In California, you can consult with a lawyer for a small fee through the State Bar's Lawyer Referral Service.
no because I can’t afford it.
Have you considered using free or low-cost legal aid services in California? They can provide advice and help you understand your options better.
The legal aid service only helps me with my paperwork they don’t give advice. Do you have a source that’s close to me to help me for free
You can try contacting the Legal Aid Foundation of Los Angeles. They provide free legal advice and services. Their contact details are: * Pacific Ave, Long Beach, CA *, Phone: (*) *-*.
okay thank you . By what you know does it look like I’m in a good position to file and win
Based on the evidence you've provided, you seem to have a strong case. However, the final decision will be up to the court. It's important to present all your evidence clearly.
if I hired a lawyer and I win could I sue him to pay for their fees?
In California, attorney's fees can be recovered if a contract or statute allows it. However, in small claims court, you generally cannot recover attorney's fees.
okay thanks for all your help this is a really good idea and happy they have it available. It’s convenient
I'm glad you found our service helpful, ****. If you have any more questions in the future, don't hesitate to reach out. Good luck with your case!