FREQUENTLY ASKED QUESTIONS

Common questions about Lawzuit's document preparation services, the small claims process, and what to expect.

What does Lawzuit do?

Lawzuit is a document preparation service that helps you create legally-formatted demand letters and small claims court filings. We provide step-by-step guidance through forms and generate court-ready documents based on your inputs.

We do NOT provide legal advice. We cannot tell you whether you have a strong case, what legal theories to pursue, or how to represent yourself in court. We simply help you organize information and generate properly formatted documents.

Think of us as a smart template service—we make the paperwork easier, but all strategic and legal decisions remain yours. For legal advice, consult a licensed attorney.

How long does the small claims process take?

The timeline varies, but here's a general breakdown:

  • Demand letter period: California law typically requires a 30+ day waiting period after sending a demand letter before filing suit (though this can vary by claim type).
  • Filing and service: 2-3 weeks to prepare documents, file with the court, and serve the defendant.
  • Hearing scheduling: Courts typically schedule hearings 30-70 days out from the filing date, depending on court availability.
  • Post-judgment: If you win, collecting on the judgment can take additional time depending on defendant cooperation.

Total estimated timeline: 3-5 months from demand letter to hearing, assuming no continuances or complications.

Who can file a small claims case?

You can file a small claims case in California if:

  • You are at least 18 years old (minors must have a guardian file on their behalf)
  • You are a California resident, or the incident occurred in California
  • Your claim is within the jurisdictional limits:
    • Individuals/sole proprietors: Up to $10,000
    • Businesses/corporations: Up to $5,000
  • You haven't filed more than 2 claims over $2,500 in the current calendar year

Both individuals and businesses can use Lawzuit's document preparation services. See our Small Claims Guide for detailed eligibility requirements.

What happens if the defendant does not respond or show up?

If the defendant is properly served but does not appear at the hearing, you may be entitled to a default judgment.

Here's what typically happens:

  • You must still appear at the scheduled hearing with your evidence
  • The judge will verify that service was proper and timely
  • You'll present a brief summary of your case and evidence
  • If satisfied, the judge will enter judgment in your favor

Important: Even with a default judgment, you still need to collect the money owed. The court does not collect for you. You may need to pursue wage garnishment, bank levies, or other collection methods.

Defendants can sometimes set aside a default judgment if they show good cause for missing the hearing, so keep all records of your case.

Does Lawzuit provide legal advice?

No. Lawzuit does not provide legal advice.

We are a document preparation service, not a law firm. We cannot and do not:

  • Tell you whether you have a valid legal claim
  • Advise you on legal strategy or which causes of action to pursue
  • Interpret laws, statutes, or case law for your situation
  • Represent you in court or communicate with opposing parties on your behalf
  • Provide opinions on the likely outcome of your case

We only help you prepare documents based on the information you provide. All content, legal theories, and strategic decisions are your responsibility.

If you need legal advice, we recommend consulting a licensed California attorney. You can find attorneys through the State Bar of California or our LDA Directory.

What is your refund policy?

We offer refunds under specific conditions:

  • Before filing: Full refund of our service fees, minus any costs already incurred (e.g., if we've already generated documents or contacted third parties).
  • After filing: Prorated refunds may be available for work not yet completed. Court filing fees and service of process fees are non-refundable.
  • DIY products: 7-day refund window for unused templates and guides (no refund if documents have been generated or downloaded).

For complete details, see our Refund Policy.

Do I need to send a demand letter before filing a lawsuit?

While not always legally required, sending a demand letter is highly recommended for several reasons:

  • Many disputes settle after a formal demand, saving you time and court costs
  • It demonstrates good faith effort to resolve the matter before litigation
  • Some contracts or statutes require pre-suit notice
  • It creates a written record of your position and the defendant's response (or lack thereof)
  • Judges view favorably those who attempted resolution before filing

California law generally requires a 30-day period between demand and filing for most consumer matters. Always check if your specific claim type has notice requirements.

Can I use Lawzuit if I live outside California?

Currently, Lawzuit is designed specifically for California small claims cases governed by California law. Our documents are formatted for California courts and reference California statutes.

You can use our service if:

  • The defendant resides or does business in California
  • The incident or contract breach occurred in California
  • You plan to file in a California court

If your case involves another state's laws or courts, we cannot assist. Check with your local court for applicable rules and forms.

How do I serve the defendant?

After filing your small claims case, you must officially notify the defendant through "service of process." You cannot serve the papers yourself—someone else must do it.

Common service methods:

  • Professional process server: Paid service ($50-$150 typically) that handles everything and provides proof of service. Most reliable option.
  • Sheriff or marshal: County service available for a fee ($40-$60). Timelines vary by county.
  • Friend or family member: Anyone 18+ who is not a party to the case can serve papers. They must complete a proof of service form.
  • Certified mail: Available only for defendants outside California. Sent with return receipt.

Lawzuit provides guidance on service requirements and generates the necessary proof of service forms. See our Small Claims Guide for detailed information.

What payment methods do you accept?

We accept all major credit and debit cards (Visa, Mastercard, American Express, Discover) through our secure payment processor, Stripe.

We do not accept:

  • Cash or check payments
  • Wire transfers or money orders
  • Cryptocurrency

All payments are processed securely and we do not store your full credit card information. For more details, see our Security and Privacy Policy.

Note: Court filing fees and service fees are separate costs paid directly to the court or process server.

This FAQ is for informational purposes only and does not constitute legal advice. Lawzuit is a document preparation service, not a law firm.