
| County of Los Angeles
Department of Consumer Affairs
New Consumer Laws 2008
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SMALL CLAIMS COURTS MUST ACCEPT ELECTRONIC FILINGS AND PAYMENT OF FEES BY PERSONAL CHECK
Code of Civil Procedure Sections 116.230, 411.21
Existing law allows a plaintiff to commence an action in small claims court by filing a claim under oath with the clerk of the small claims court in person or by mail.
This new law would, in addition, allow a plaintiff to commence an action in small claims court by filing a claim by fax or by electronic means.
Existing law provides that if a person files a complaint or other first paper accompanied by payment by check in an amount less than the required fee, the clerk has to accept filing, but cannot issue a summons until the court receives full payment of the required fee. Existing law requires the clerk to send a notice to the person telling him or her about the amount owed. The notice needs to say that payment for the balance has to be in cash, by cashier's check, or by other means specified by the court but not by traveler's check or personal check.
This new law allows the person to pay the balance by personal check.
May be reprinted for non-commercial use if a credit line is included acknowledging the County of Los Angeles Department of Consumer Affairs.
For more information:
County of Los Angeles Department of Consumer Affairs
B-96 Kenneth Hahn Hall of Administration
500 W. Temple Street * Los Angeles, CA 90012-2706
Telephone (800) 593-8222 (within the County) * (213) 974-1452
web site: dca.lacounty.gov
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