A hearing will usually be set within 15 to 40 days from the date the claim is filed. If the defendant resides outside of the county where you filed the claim, the court will not set the matter until 30 to 70 days after the claim is filed. The defendant must be served with the claim. This can be done by the court clerk via certified mail, or the defendant can be personally served by using the Marshal's office or an attorney service. If the defendant resides within the county, service must be completed 10 days prior to the hearing date. If the defendant lives outside the county, service must be completed 15 days prior to the hearing date.

When filing a claim with the Small Claims Court, you must file it in the judicial district where the defendant resides or where the injury or property damage occurred. The court will require that you prove you filed in the proper court. You will have to appear at the hearing with any and all witnesses and documents which are necessary to prove your claim or defend your case. This may include, but is not limited to, all medical records and bills, property damage estimates, photographs of injuries and/or property damage, police report, and loss of earnings information. Once the matter has been decided by the court, it will issue a judgment. The clerk will then serve the notice of entry of judgment upon all parties. Since you chose the Small Claims Court to file the claim, you do not have the right to file an appeal from the judgment. The defendant does have the right to file an appeal, but must file a notice of appeal within 30 days from the notice of entry of judgment. The judgment will be set aside and a new trial will be scheduled in the Superior Court. The judgment entered by the Superior Court will then be final. If you obtain a judgment in the Small Claims Court and the defendant does not appeal within 30 days, you can then collect upon that judgment. This can be accomplished by a writ of garnishment on the defendant's wages, a writ of foreclosure upon the defendant's property, or a writ of attachment upon the defendant's bank accounts. If defendant fails to satisfy a judgment, sections 16250 to 16381 of the California Vehicle Code gives you the right to suspend his driver's license for 90 days. This only applies for damages to property in excess of $500 or bodily injury to, or death of, any person in any amount, resulting from the operation of a motor vehicle. You can obtain all of the necessary documents for filing a small claims action at your nearest courthouse.