How to File for Conversion in California's Small Claims Court
Unlawful conversion of property is the voluntary use of someone else's property that is inconsistent with their rights. The act of conversion, which anothers violates rights to property, must be a voluntary act that is not an assertion of a legitimate right, but intent to commit unlawful conversion, and not a necessary element. Any California resident who's been the victim of an act of conversion can file in small claim's court if the amount of their claim is within the small claims limits.
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Instructions
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Confirm small claims limits. The state's limits on small claims is subject to change, so should be verified before filing (see Additional Resources below). Individuals can claim more than corporations $7,500 as opposed to $5,000 (in 2009). It's possible to file an unlimited number of separate claims of up to $2,500, but only two claims of more than $2,500 can be filed in a single calendar year.
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Find the right court. Every county in California has its own small claims court. Usually a small claim is filed in the county court in which the defendant lives or does business. The website of the California Superior Court system maintains a database that helps those who are suing find the right court (see additional resources below).
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Fill out forms. Those who are suing in small claims need to fill out SC-100, Plaintiff's Claim And ORDER To Go To Small Claims Court/Information For The Defendant. This is the basic document that sets forth the claim. Some counties also require a document called "Plaintiff's Statement to the Clerk," which can be obtained from the clerk of the court. If more than two plaintiff or two defendants are involved, SC-100A should also be filled out. These forms are available online (see additional resources below).
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File your claim. Once the appropriate forms are filled out, they must be copied filed in the correct court. This can be done in person or, in many California counties, through the EZ Legal File online application. At the time of filing a filing fee will be due, based on the amount of the claim, but a fee waiver can be requested with form FW-001. At this point, the claim will be scheduled for a hearing.
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Serve process and file proof. To initiate a small claim, the final step is to properly serve the claim (SC-100) on the defendant(s). This can be done by someone you know who's not named in the claim, or you can hire the local sheriff or a professional process server. The claim must be served at least 15 days before the scheduled hearing, but at least 25 days if the service is made on someone other than a named defendant, and even more if the defendant is located outside of the county. SC-104, Proof of Service, must be filed before the hearing.
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Tips & Warnings
Claims for conversion often rely on the testimony of witnesses and documentation of the plaintiff's right to the property at issue. All relevant evidence should be brought to the hearing and presented to the court. If you are a defendant in a small claim and want to counter-sue for conversion, this can be done by filing SC-120, Defendant's Claim. A filing fee and proof of service is required as if a plaintiff.
You are not permitted to bring an attorney for your representation in small claims court. It recommended, however, that you consult with a professional lawyer before filing or appearing in court.
References
Resources
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