I-CAN!™ Legal

Orange County – Small Claims E-Filing FAQ

I-CAN! Legal provides e-filing for Small Claims suits and counter-suits in Orange County, California. You can e-file a Fee Waiver along with your forms. You can also e-file a request to have the court serve a party by certified mail along with your suit.

When you E-File, you will need to pay your filing fees and a $14.95 fee to print your forms and e-file online using our secure payment system (unless you file a Fee Waiver). You can pay with Visa, MasterCard or Discover.

To use I-CAN! to e-file your Small Claims court forms, go to How to Upload & E-file Court Forms and click on “Create an Account”.

I have a question, who can I call?

You can call the Orange County Small Claims Advisory service (free) at 714 571-5277. Their hours are Monday through Friday 9 am to 4 pm PST.

You can also visit the Legal Resolutions website (they host the Small Claims Advisory program) for more information and help: http://www.ocsmallclaims.com

If you need help using I-CAN! to prepare and e-file your forms, you can contact us by email.

 

Is my computer ready to print my forms?

If you do not already have Adobe Reader you will need to download it to view and print your forms. If you e-file, you will need to open your forms to review your information and print your forms for your records. Adobe Reader is a free program and you can download it and install it in a few minutes.

get_reader

 

Can I-CAN! Legal electronically file (E-File) my court forms?

I-CAN! Legal is an e-file provider for the Superior Court of California in Orange County for Small Claims suits and counter-suits. You can e-file a Fee Waiver along with your forms. You can also e-file a request to have the court serve a party by certified mail along with your suit.

 

How do I submit my e-filing?

You can use I-CAN! Legal to e-file many Small Claims forms if you are creating forms for Orange County. Create an account or log in to your account and Choose “Small Claims” from the “Start New Forms” menu. Once you are finished answering the questionnaire, you will be offered the option to e-file for $14.95 (if you have a Fee Waiver, the e-filing fee will be waived).

Once you enter your payment information, you will be able to review your forms and then continue through the screens by clicking “Next” until you confirm you are ready to e-file and you see that your status is “Pending”.

 

What do I do after I e-file?

The clerks usually take 1 – 3 business days to process e-filings (but sometimes they do take longer, especially in the summer). You should get an email when your e-filing is accepted so check you inbox (and your spam folder) and you can always log in to your account to check your status. Once your e-filing is accepted, you can click on the direct link in the email or log in to your account to print your e-filed forms.

In your account, on the line with your e-filed case, you will see your status. If your status shows “Accepted”, you can click on “Print My E-filed Forms”. If your status shows “Rejected”, you can click on “View Rejection Notice” and then make changes to your information and submit your e-filing agian at no charge. If your status shows “Pending”, the court is still processing your e-filing. If your status shows “Printed”, then you have NOT YET e-filed.

 

How do I check the status of my e-filing?

To check the status of your e-filing, log in to your account and you will see your status on the line with your e-filed forms. If your status shows “Accepted”, you can click on “Print My E-filed Forms”. If your status shows “Rejected”, you can click on “View Rejection Notice” and then make changes to your information and submit your e-filing again at no additional cost. If your status shows “Pending”, the court is still processing your e-filing. If your status shows “Printed”, then you have NOT YET e-filed.

 

How do I print my e-filed forms?

Once your forms are accepted, you can print your e-filed forms. Your e-filed forms will have the court stamp along with any trial or hearing date. To print your e-filed forms, you can either click on the direct link from the email you received when your forms were accepted, or log in to your account. If your status is “Accepted”, you can click on “Print My E-filed Forms” on the line with your accepted case.

To print your forms with the court stamp, go to “Print” and then on the right hand side of the pop up window, look for the drop down list that is called “Comments & Forms”. Select “Document and Stamps” and you should see the court stamp in the print preview and it will print on the form.

 

How do I print the court stamp on my forms?

To print your forms with the court stamp, go to “Print” and then on the right hand side of the pop up window, look for the drop down list that is called “Comments & Forms”. Select “Document and Stamps” and you should see the court stamp in the print preview and it will print on the form.

 

How do I find out my trial date?

After your e-filing has been accepted, your trial date, time and room will appear on your forms. To print your e-filed forms, you can either click on the direct link in the email you received when your forms were accepted, or log into your account. If you filed a claim, the hearing information is on the form SC-100 in the box in the middle under the words “Order to Go to Court”. If you filed a counter-claim, your hearing date and time should be on the SC-100 Plaintiff Claim and Order that was served on you.

To print your forms with the court stamp, go to “Print” and then on the right hand side of the pop up window, look for the drop down list that is called “Comments & Forms”. Select “Document and Stamps” and you should see the court stamp in the print preview and it will print on the form.

 

What if my e-filing is not accepted?

If your e-filing is rejected by the court, you can make changes to your information and resubmit your e-filing again, at no additional cost as many times as you need to. Click on the direct link in the email or log in to your account and click on “View Rejection Notice”. You will be able to open a document form the court explaining what is wrong. Click “Next” and continue to the questionnaire to make the changes you need to fix the problem. After you review your forms to verify your changes, continue by clicking “Next” until you are asked if you are ready to submit your e-filing again. Once you submit your e-filing again, your status will be “Pending”.

 

What if my e-filing is partially accepted?

Click on the direct link in the email you received or log in to your account. If your status is “Partially Accepted”, you can click on the link to see a document with the notes from the court about why it was partially accepted. Depending on which forms were accepted and which ones were rejected, you may not need to e-file again.

If you need to make changes to your forms, click “NEXT” to continue to the questionnaire to make changes to your information. If you make a change on a page, be sure to click “NEXT” because when you do it saves the data on the screen. Review your forms to make sure they are fixed and then continue until you e-file your forms again. There is no additional charge to resubmit your e-filing and there is no limit to the number of times you can resubmit.

You can click on the “Upload” tab and upload your completed and revised forms for a partially accepted case. To upload your forms, you must have them saved to your computer.

 

How do I find out if my Court Certified mailing was delivered?

When you ask the clerk to serve the defendant by certified mail, the clerk will mail a copy of your forms in a court envelope. For service to be successful, the defendant must personally and clearly sign the certified mail slip. The certified mail slip will come back to the court and the judge will decide during the hearing if the certified mail was successful or not. The court will NOT notify you if the certified mail came back signed or not. If you want to know if the certified mail was signed by the defendant or not, you can look at the case record online.

You can go to the OC Court’s Small Claims Case Access tool to check the certified mail slip: Small Claims Case Access. This will open in a new window.

What you should be looking for is the entry showing it was sent by the court, and an entry showing it was received by the court and that the clerk filed the Proof of Service.  If you see the Proof of Service, then you are all set for the hearing. If there is no received entry, it might be that the court has not yet input the information. If it says that the defendant refused service, then you need to serve using a different method.  See your Instructions for details about how to serve.

 

How do I submit my completed proof of service (Form SC-104)?

You must file your Proof of Service (SC-104) at the Court at least 5 days prior to your trial date. File it with the court where your case is filed. You do NOT need to do this when you have the court send a Certified Mail Statement (Form L-1019)

E-FILE: Once your e-filing is accepted, you should get an email with a link to e-file your Proof of Service. Be sure to check your inbox (and your spam folder).

IN PERSON: You can file the Proof of Service in person at the Court Clerk’s window. It is a good idea to bring an extra copy and have it stamped for your own records. Anyone can file the form; it does not need to be a party or the person who served.

BY MAIL: You can mail the Proof of Service to the court as long as you have sufficient time to do so. Mail the original and a copy along with a self-addressed stamped envelope to the Clerk. The Clerk will mail back the copy for your records.

BY SHERIFF: If the Sheriff is serving for you, they may file the Proof of Service with the Court. You should ask when you deliver copies to the Sheriff

 

Small Claims Forms

Sue or Counter-sue in Small Claims Court

The amount that you can sue for depends on:

You are: You can sue for up to:
An Individual or Sole Proprietor $10,000.00
A Corporation or Business $5,000.00

Exceptions to these amounts are:

You are: The defendant is a guarantor who: You can sue for up to:
An Individual or Sole Proprietor Charged a fee for surety services $6,500.00
An Individual or Sole Proprietor Did not charge a fee for surety services $2,500.00
A Corporation or Business Charged a fee for surety services $4,000.00

Small Claims

Small Claims Court resolves disputes for up to $10,000. You can use the Small Claims Court if you have a dispute with a person, company or government agency involving money. In Small Claims Court you can sue for up to $10,000 as a person or sole proprietorship or up to $5,000 if you are suing as a corporation, partnership or other business entity. If a small claim has been filed against you, you can counter-sue in Small Claims Court for up to $10,000 as a person or sole proprietorship or up to $5,000 if you are counter-suing as a corporation, partnership or other business entity.

The process is relatively quick and cheap. The rules are simple and informal. You can ask a lawyer for advice. However, in court you must present your own case. Please note: when you file a claim in Small Claims Court, you have no right to appeal the claim.

If you cannot afford to pay your filing fees, fill out a Fee Waiver first and then start your Small Claims forms.

If I-CAN! supports e-filing for your court, you may choose to E-File your small claim. Currently I-CAN! supports e-filing for Small Claims at the courts in Orange County. The court usually takes 1 – 3 business days to process your forms.

Small Claims – Postpone your hearing or Dismiss your case

Before your hearing, you can ask the court for a later hearing date. If you want to postpone the hearing, you have to have a good reason. Usually you have to ask at least 10 days before the hearing. If you have a good reason why you are asking less than 10 days before the hearing, you can ask to postpone the hearing with less time.

Before your hearing, you can ask the court to dismiss your case. You can dismiss your claim, your counter-claim or the entire case. There is no filing fee to dismiss your case.

NOTE: I-CAN! does not provide e-filing for forms to Postpone your hearing or Dismiss your case. In Orange County, you can mail your Postpone or Dismiss forms to the court to file them.

Small Claims – After Hearing Forms

After you have had a Small Claims hearing, I-CAN! will help you to prepare After Hearing forms. You can request to be allowed to collect your money if you won your case. You can also ask the judge to correct your judgment if there was a clerical error, cancel your judgment if the court applied the wrong law to your case, or appeal your judgment if you want to have your case heard again as if it was a new case.

NOTE: I-CAN! does not provide e-filing for After Hearing forms. In Orange County, you can mail your After Hearing forms to the court to file them.

I-CAN! will print all of the forms that are necessary for your individual situation out of the following forms:

  • Small Claims: SC-100, SC-100A, SC-101, SC-103, SC-104, FW-001, FW-003, CIV-010, L-1091
  • Small Claims Counter-Claim: SC-120, SC-120A, SC-101, SC-103, SC-104, FW-001, FW-003, CIV-010, L-1091
  • Small Claims Postponement: SC-150, SC-152, SC-112A
  • Small Claims Dismissal: L-1203, SC-112A
  • Small Claims After Hearing: EJ-001, EJ-100, EJ-130, EJ-150, SC-105, SC-105A, SC-107, SC-108, SC-108A, SC-133, SC-134, SC-135, SC-140, MC-012, WG-001
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