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The proof For your case is really where hard work comes into play. Without a written agreement, you are responsible for the „burden of proof.“ You must prove that the amount you claim is owed to you. The person who owes you money can really walk away without saying anything. This is because they do not have to prove that they are innocent. Your application form (SC-100 form), if completed by you and issued by the Small Claims Administrator, informs the defendant of the amount of your application, the basis of your application, and the date, time and location of the oral proceedings. Some agreements are unenforceable in court and are therefore not recognized as contracts: you must pay a deposit fee to the small claims court if you submit your file. If you cannot afford to pay these fees, you can ask the court to waive these fees (sorry). You can apply for a court waiver by filling out and filing an application for a waiver of court costs (form FW-001). For information on the standards used by the court to approve or reject your application, contact the Clerk of the Court Fee Waiver Information Sheet (Form FW-001-INFO) or visit the Judicial Council`s self-help website and print your own copy. If your application exceeds the monetary policy ceiling for small applications, you can file a case with the Supreme Court of Law, where you can either represent yourself or hire a lawyer to represent you.

Instead of doing so, you can decide to reduce the amount of your claim and cancel the rest of the claim to stay within the Small Court`s monetary claims limit. Before you reduce your application, discuss your plans with a small claims advisor or lawyer. Once the dispute is heard and tried by the Small Claims Court, your right to recover the amount you waive will be lost forever. The statute of limitations and the judicial rules they adopt and apply are complex and the exceptions may apply to your law. For example, if the accused lived outside the state or sat in prison for a period of time, the time to make your application may be extended. Or you can assume that a contract was an oral contract, which has a two-year prescription, when it can be interpreted as a written contract with a four-year prescription. If you are not sure that your application is too old to file, you can file it and let the judge decide if it was filed too late. Better yet, you should check with a small claim advisor before submitting. When selecting a date for oral proceedings (or authorizing one of the authors of minor claims, including holding enough time to find the defendant and sending the defendant`s notification with a copy of your application. (It may be a good idea to choose a trial date of at least six weeks for the SC-100 form service.) An adult other than you must do the service.

Also, once the service is completed, ensure that the performance certificate (form SC-104) is completed by the person who served the documents. In addition, the performance certificate must be filed in court no later than five days before the hearing. This form must be completed to indicate the exact date, time and location of the process service and other information.