How To Make Changes To Your Claim
Making Changes To Your Claim
After you file your Plaintiff's Claim (SC-100) you may realize you need to change something on the claim. You may need to:
- If your claim has not been served, go to the small claims court clerk and ask to amend (change) your claim. Take your original forms with you. After you file your "amended claim," serve it on the defendant.
- If your claim already has been served on any of the defendants, fill out a Request to Amend Claim Before Hearing (SC-114) or write a letter to ask for permission to change your claim. File Form SC-114 or your letter with the small claims court clerk.
- A copy of your Form SC-114 or letter must also be mailed or personally delivered to all of the other parties in your case.
- You can just ask the judge to amend the defendant's name at your hearing. (Read Code of Civil Procedure section 116.560(b) for the law that allows you to do this.)
If your claim has not been served, go to the small claims court clerk and ask to amend (change) your claim. Take your original forms with you. After you file your amended claim, serve it on the defendant.
If your claim already has already been served on any of the defendants and you then make any changes, you must re-serve the defendant with the amended claim.
If you need to add a party (like another plaintiff or another defendant) to your claim, go to the small claims court clerk and ask to amend (change) your claim. Take your original forms with you and a new, amended, SC-100 form.
After you file your "amended claim," serve it on the defendant or defendants. If you already served one of the defendants with the first claim, serve them again with the amended claim.
You received a form called a "dismissal form" when you filed your claim. Use this form to say which defendants you do not want to sue anymore. You do not have to let the remaining defendants know that you dismissed other defendants.
There are 2 types of dismissals:
- "Without Prejudice" - This means that you keep the right to file the claim against the dismissed defendant in the future.
- "With Prejudice" - This means that you cannot file the claim against the dismissed defendant in the future.
If you are the Plaintiff or the Defendant and want to change your court date, you must ask for a postponement (also called a "continuance").
To ask for a postponement at least 10 days before your trial:
- Fill out and file a Request to Postpone Trial (Small Claims) (Form SC-150), OR
- Write a letter to the court explaining why you need to change your court date. AND
- Make a copy of your Form SC-150 or letter for each party involved in the case, plus the original.
- Mail or personally give a copy of your Form SC-150 or letter to the other people named in the claim.
- You may have to pay a $10 filing fee to ask for the postponement.
If your trial is in less than 10 days:
- Take your completed Form SC-150 or letter to the clerk's office. Ask the clerk to attach it to your file. Or go to your trial and ask the judge for a postponement (or continuance).
- In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.
- Also, mail or personally give a copy of your Form SC-150 or letter to the other people named in the claim.
- You may have to pay a $10 filing fee.
After you request to postpone the trial
The court will mail you an Order on Request to Postpone Trial (Form SC-152) or other similar notice letting you know the court's decision on your request to postpone the trial.
If the court postpones the trial, it will give you the new court date on Form SC-152 or notice. The court will send this notice to you and all the other parties.
If the court does not postpone the trial, the trial will be on the date when it is currently scheduled.
If you do not hear from the court, go to the court on the scheduled trial date.