Filing Information

The following is required to file a civil complaint:

1. Civil Case Cover Sheet (Form #CM-010)
2. Original Complaint
3. Summons (If complaint is for Unlawful Detainer, a summons is required to be issued at time of filing complaint.)
4. Filing Fee
5. For limited civil cases include the demand amount below the case number and type of action as follows: “Amount demanded exceeds $10,000” or “Amount demanded does not exceed $10,000.”

Forms are available on-line. If there is no pre-printed form, the papers presented for filing must comply with California Rules of Court, Rule 2.100, et al.

For more information, see Tips for Filing in Civil Court (Form #L-1020).

The complaint must be filed in the proper court. The following Venue Table contains a list of the Justice Centers and the cities they serve:

Venue for Limited Civil Filings/Civil Harassment/Parking Citation Appeals

If the amount you are suing for is $25,000 or under, and the person or company sued lives in, does business in, or the incident took place in these locations: File your complaint at the following Justice Center:

Venue for Unlimited Civil Filings*

If the amount you are suing for is over $25,000 and the person or company sued lives in, does business in, or the incident took place in any location within Orange County

The summons and complaint may be served by the Sheriff, a registered process server or anyone over the age of 18 who is not a party to the action. An original proof of service for each defendant must be filed with the court.

Various forms for Answers and General Denials are available on-line. Select the form that properly corresponds to the complaint/petition or you may submit your Answer in the form and format prescribed by California Rules of Court, rule 2.100 et seq. Your Answer must include a proof of service (Proof of Service by First Class Mail-Civil Form #POS-030), showing service upon the plaintiff and/or their attorney of record. You may wish to seek the advice of an attorney as the clerk may not give any legal advice. Failure to file a response may lead to a judgment being entered against you.

A fee is required for each person filing a legal response. In some situations, you may be able to qualify for a waiver of court fees. The request to have the court fees waived must be filed along with your documents. Fee Waiver Packets (Form #L-80) are available on-line.

For further information, see Checklist for Filing a Response to the Summons (Form #L-1019).

If the defendant does not respond within the time specified on the summons, the plaintiff can request the court to enter a default and issue a default judgment. The clerk can review and enter defaults and default judgments in some cases (such as open book accounts and promissory notes), cases requiring a determination of evidence will require a Court default and default judgment.

For further information, see Checklist for Civil Request for Entry of Default (Form #L-1006).

Waiver of Court Fees are available for indigent plaintiffs and defendants. Eligibility guidelines are listed on the Information Sheet on Waiver of Court Fees and Costs (Form #FW-001-INFO). To obtain a fee waiver, an Application for Waiver of Court Fees and Costs (Form #FW-001) and the header section of an Order on Application for Waiver of Court Fees and Costs (Form #FW-003) must be completed and submitted to the Clerk's Office for approval. Fee Waiver Packets (Form #L-80), which include instructions and the forms noted above, are available on-line.

Fax-filed paperwork must adhere to all the requirements of traditional paperwork. Fax-filed documents are subject to the following charges and processing rules (See Orange County Superior Court Rules, rule 380 and California Rules of Court, rule 2.304):

The first page transmitted must be the Judicial Council Facsimile Transmission Cover Sheet (Form #MC-005).

A fee per page will be charged regardless of acceptance of filing. Court approved credit cards may be used to charge fees on facsimile filings.

Where a party is represented by an attorney, the attorney must also include his or her facsimile machine telephone number, designated as a "fax" number. Conformed copies will not be returned by fax, however a face page document may be included for file stamping along with instructions for pick-up by the party.

Filings received after regular court hours and days will be deemed filed on the next court day. If the document is rejected for filing, it will be returned by mail.

Filings must be directed to the Justice Center where the case is filed using the fax numbers listed below.

JUSTICE CENTERS - FAX NUMBERS

After a judgment is entered, the person who was awarded money is called the Judgment Creditor and the person who owes the money is now called the Judgment Debtor. The following are options you may wish to use:

Application and Order for Appearance and Examination

You may request the court to assist in the enforcement of the judgment. The Application and Order for Appearance and Examination (Form #AT-138) requires the judgment debtor to appear in court to answer questions concerning his/her assets. To schedule a hearing, complete the Application and Order for Appearance and Examination form and file in the Court Clerk's Office with the filing fee. The clerk will assign a hearing date and return the form to you to serve on the judgment debtor. If the judgment debtor does not show up for the hearing, an arrest warrant may be issued.

Writ of Execution

A Writ of Execution is a court order authorizing the Sheriff or Registered Process Server to carry out the Court's decision. The Writ of Execution is commonly used to attach the judgment debtor's wages or bank accounts. To have a writ issued, complete the Writ of Execution (Form #EJ-130) and submit it to the Court Clerk's Office along with the proper fee. The clerk will issue the writ and return the form to you to arrange for service.

Abstract of Judgment

An Abstract of Judgment is a summary of the Court's decision. An Abstract of Judgment is generally recorded with the County Recorder and acts as a lien on property owned by the judgment debtor. To have an abstract issued, complete the Abstract of Judgment (Form #EJ-001) and submit it to the Court Clerk's Office along with the proper fee. Take or mail the issued Abstract of Judgment to the County Recorder’s Office in the county where you believe the judgment debtor owns real property (contact the County Recorder’s Office to find out the fee for recording.)

Legal assistance is available from various agencies located throughout the County. You may also find Self-Help publications in the Legal section of your local bookstore.