Our Mission
Our mission is to provide professional and trusted legal services in order to assist small businesses & individuals to recover money owed to them. We provide expert legal document preparation and process serving in a timely and cost-effective way. Our experience dates back to 1973, with over 85,000 defendants served, resulting in judgements and happy clients. We will prepare, file and serve all of your small claims and after-judgement needs.
The Thomas H. Penn Story
The Thomas H. Penn story began in 1973. A young man with an entrepreneurial vision recognized that company's needs to pursue Small Claims. When he was 18 years old, he had the idea to take his typewriter into client offices, where he would prepare the legal documents and then file them at the local court house. He then served each Defendant. He was the first Process Server to combine Typing, Filing & Serving for One Price. He specialized in consumer finance companies such as Avco, Beneficial, Norwest and HFC.
Then in 1998, after the consolidation in the consumer finance market, he changed his specialty to small business, government contracts, dentist & automobile dealerships. In the summer of 2005, SmallClaimsStore.com was launched, a secure website hosted by GoDaddy. Then in the fall-winter of 2015 he relaunched & rebranded SmallClaimsStore.com where we Prepare, File & Serve for One Price. Since 1973, we are the original Prepare, File & Serve For One Price small claims legal document service company.
Statute of Limitation Information (Claims must be filed before...)
4 Years: Open book accounts, written contracts, accounts stated based on written agreement per CCP 337.
3 Years: Fraud or mistake, trespass or injury to real estate, detaining or injuring goods or chattels, property damages, slander of title, false advertising CCP 340.
2 Years: Oral contract, certificate, title insurance policy abstract or guarantee of title per CCP 339.
1 Year: Personal Injury per CCP 335.1
*$10,000 Maximum amount of suit on SC-100 for Natural Persons or Sole Proprietorships
*$5,000 Maximum amount of suit for Corporations & Businesses (only allowed to sue twice per calendar year over $2,500)
How much money can I ask for?
An individual cannot ask for more than $10,000 in a claim. Corporations and other entities (like government entities) cannot ask for more than $5,000. You can file as many claims as you want for up to $2,500 each, but you can only file 2 claims in a calendar year that asks for more than $2,500.
When should I file my case?
You must first demand in person, over the phone or send a demand letter noting the exact amount you are owed. If you haven't received payment in 30 days, then it's time to file your case. Don't wait too long because if your case is older than 150 days, it will become harder to serve or collect your money or the statute of limitations could expire.
Do I have to pay to file?
Yes. The fee is based on the amount of your claim and the number of claims you have filed in the past 12 months in the state of California. If you have filed 12 or fewer claims in the past 12 months in the state of California:
| Amount of Claim |
Filing Fee |
| $0 to $1,500 |
$30 |
| $1,500 to $5,000 |
$50 |
| $5,001 to $10,000 |
$75 |
If you have filed more than 12 claims at any court in the State of California in the past 12 months, the filing fee is $100 (for any claim amount).
Can I bring a lawyer?
No, an attorney can't represent you in Small Claims court, but you can talk to an attorney before or after court. Attorney's can appear on a Small Claims Appeal.
What will happen at my hearing?
The judge will listen to both sides of the story. To help tell your side, bring evidence like:
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Witnesses (Subpoena required to guarantee appearance. Witness fees may apply)
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Photos
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Bills
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Receipts
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Contracts
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Other relevant documents that support your side. Make sure to bring two extra copies for the Judge and the Defendant also mark your exhibits and photos. We recommend that you visit your local courthouse prior to your court date and watch an actual Small Claims hearing so you know what to expect.
The judge may make a decision at your hearing, or mail it to you later.
How do I file an appeal?
If you were at the hearing, you must file a form called "Notice of Appeal". You have 30 days to do this after the date the clerk mails the Notice of Entry of Judgement. The current cost to file a Notice of Appeal is $75. (Subject to change)
What happens if someone else appeals?
You'll have a new hearing. You'll have to bring your evidence and tell your side of the story again. This time, you can bring an attorney to represent you.
Who goes to court when a business is sued?
If you are a sole proprietor, partnership or corporation, you must go to court unless the claim can be proved by evidence of a business account in which case a regular employee with knowledge of that account may represent you. If you have a partner, one of you must go.
When will my Court Date be?
Typically, small claims cases are heard within 35-45 days of filing if the Defendant lives in the same jurisdiction as the court house, or 45-70 days if they live in a different jurisdiction.
How long does it take for my case to get prepared, filed & served?
We will prepare your legal documents, obtain signatures & file your case within 3-5 business days.
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A process server will be assigned to serve your case at the home and/or business address immediately. We will keep you updated via email.
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By law, your case must be served personally 15 days if the Defendant lives in the same county as the Court, or 20 days prior if they live in another county. Subservice must be served 25 days if the Defendant lives in the same county as the Court or 30 days prior if they live in another county
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If you require RUSH process serving, an extra fee will apply.
Can I postpone my hearing?
You must file form SC-150 Request to Postpone or Reschedule Trial at least 12 days before your court date. A $10 fee is charged and the Defendant may have to be served again.
Can I cancel my hearing?
Yes. You must file a Request for Dismissal CIV-110 with the court prior to our Court Date as soon as possible.
I received Judgement, now what?
After a 30 day waiting period or date of mailing you can enforce your judgement in several ways. The most effective way is to do a Wage Garnishment (Writ of Execution). If the debtor is unemployed, your recovery will take longer. A Bank Garnishment, property lien (Abstract of Judgement), or an Order for Appearance and Examination can also be performed. Speak to your small claims advisor for legal advice.
Where can I obtain more information and advice?
Small Claims Advisors provide free individual personal advice to small claims disputants. Google your local advisor or call them:
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San Bernardino County: (909) 708-8606
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Riverside County: (951) 274-4499
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Orange County: (714) 571-5277
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Los Angeles County: (213) 974-1759
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Only a licensed private investigator and can perform "skip trace" services. The information provided in this site is not legal advice, but general information. SmallClaimsStore.com is a legal document process serving company, and not a law firm. We cannot provide legal advice and can only provide self-help services at your specific direction.
Should I file a Satisfaction of Judgement?
You must file an Acknowledgment of Satisfaction of Judgement (Form SC-290 or Form EJ-100) with the court after the debtor pays the judgement. Read Form SC-290 to find out which of the 2 forms to use.
If the debtor makes a written request and you do not file the acknowledgment within 14 days, you can be held liable for all damages sustained, plus $50. For more information, check out Code of Civil Procedure section 116.850.
If there are no liens related to the judgement, you can sign the Acknowledgment of Satisfaction of Judgement on the back of your copy of the small claims judgement. If a lien exists, you will have to use Form EJ-100 and have it notarized before filing it with the court and recording a certified copy with the county recorder's office.
You MUST remove liens that you have placed on the debtor's real and personal property.
To remove a real property lien, use an Acknowledgment of Satisfaction of Judgement (Form EJ-100) and have it notarized (two copies, one for Judgement Debtor & one for the Superior Court) before filing it with the court. Then record a certified copy with the county recorder's office and forward a copy to the judgement debtor.
*Costs and fees will be emailed upon request
How do I Vacate a Default Judgement?
If you are sued and you did not go to your trial, the court may enter a judgement against you based on the information the plaintiff provided, without hearing your side of the story. If you then want a new trial, you must ask the judge to vacate (cancel) the judgement against you. You must have a good reason for not going to your trial, like you were not properly served or you had a serious emergency.
- You must file a motion (petition) NO LATER THAN 30 DAYS from the date the court clerk mailed you the Notice of Entry of Judgement (Form SC-130 or Form SC-200).
- If you were NOT PROPERLY SERVED with the Plaintiff's Claim (Form SC-100), you have 180 DAYS from the date you DISCOVERED there was a judgement against you to file a motion to vacate.
*Costs and fees will be emailed upon request
How do I release a lien (Abstract of Judgement)?
If you were recently notified by an Escrow Company or Judgement Debtor requesting payoff information in order to release a property lien (Abstract of Judgement), please take the following steps:
- Notify us Immediately. We will prepare a final payoff/demand letter noting all fees incurred after the date of Judgement, including Filing Fees, Recording Fees, Abstract preparation fees, any credits to the account & Full Satisfaction of Judgement fees along with the calculation of 10% interest from the date of judgement.
- We will forward the payoff/demand letter to the Escrow Company or Judgement Debtor.
- Once you have received all monies associated with the payoff, please notify us ASAP so we can prepare the Full Satisfaction of Judgement.
- We will forward you the full satisfaction of judgement, which must have 2 notarized originals to be filed at the Superior Court and County Recorder's Office to release the lien against the Judgement Debtor.
- After completion, we will submit our Invoice to you for payment.
- Filing & Recording Fee will apply.
What is a drop service?
Occasionally, it may be necessary to "drop" service on an individual or authorized agent when the server is told "I will not accept service" or "I will not take it" etc. We leave a copy anyway and mail a copy if it is substituted service. Process Serving HAS been effected, and when the Defendant appears in court claiming he was not properly served the judge will hear case because they are present.
How do I request a postponement?
You may ask for a reset of your court date if defendant wasn't served, or request a postponement if defendant was served. Request must be issued at least 12 days prior to your original court date. You must notify the other party and pay a fee. After your 2nd or 3rd court date, a fee is charged, and only 3 court dates (maximum) will be issued, then your case will be dismissed. This will vary depending on which superior court venue that your case is filed.
