If you own a business in California it is likely that you will experience a legal challenge at some point. Receiving the form SC-100, or the Plaintiff’s Claim and Order to Go to Small Claims Court in California, means that you are being sued by someone who believes that you have a debt to them. When a legal action happens, there are two sides; the plaintiff and the defendant. The defendant is the person who is being sued, and the plaintiff is the person who has filed the lawsuit. If you are served with an SC-100 form, you will have your day in court to argue your side just as the person suing you will have the chance to present theirs.
If you are being sued in small claims court in California, you may not know what your rights are, what the process is, what you need to do, and how to respond. Meeting with an attorney can be incredibly helpful in these situations. The Los Angeles business litigation attorney at the Leiva Law firm can provide strategic and informative legal guidance that can help you through the process.
What Happens After You Are Sued?
After you receive notification that you are being sued in a California small claims court, then you must be prepared to attend the trial date that will be set for you by the court and included in the order itself. A couple of things can happen, though, that can prevent you from having to attend a court date. These would be:
- You and the plaintiff can discuss the situation before the court date and work on resolving your dispute outside of the court.
- If you try to work things out with the plaintiff before your court date but you are not successful in coming to an agreement, then you may try mediation to help you come to a resolution.
When your attempts at solving your issues with the plaintiff fail, then you will have to go to court, and there a decision will be made based on the information and the arguments each side presents. It is essential that you prepare for your court date when you cannot agree on a settlement with the plaintiff. More evidence and proof are best, so everything from contracts to receipts and more that support your assertions will be necessary.
Making more than one copy of your documentation is recommended. Also, you can supplement your physical documentation with the testimony of witnesses. Witnesses can come with you to court, or they can fill out a form known as the MC-030 Declaration that you can bring with you if your witness is unable to attend the court date.
Speak with a California Business Litigation Attorney Today
Running a business in California can be extremely rewarding, but that does not mean it is easy, and there can be many hurdles along the way. This includes various legal actions made against you. While you cannot have a lawyer in small claims court, you can use one to help advise you and get you ready for your court date, thus improving your chances of winning.
For legal advice and assistance, please call the California business litigation lawyer at the Leiva Law Firm to schedule a free consultation to review your situation at (818) 519-4465.