What are the step-by-step procedures for filing a small claims lawsuit against a debt collector for harassment in California?

To sue a debt collector for harassment in California Small Claims Court, you must gather evidence, file a "Plaintiff's Claim" form (SC-100) with the court, and formally serve the documents on the debt collection agency. Here are the step-by-step procedures: Step 1: Gather and Organize Your Evidence Collect all proof of harassment. This includes letters, emails, and text messages from the debt collector. Create a detailed log of all phone calls, noting the date, time, and a summary of the conversation. If you have recordings of calls, be aware of California's two-party consent law. Also, gather names of any witnesses. Step 2: Complete the Plaintiff's Claim Form (SC-100) Download form SC-100, "Plaintiff's Claim and ORDER to Go to Small Claims Court," from the California Courts website or get a copy from your local courthouse. You will need the debt collector's exact legal name and address. On the form, clearly state why you are suing (e.g., "Harassment in violation of the Rosenthal Fair Debt Collection Practices Act") and the specific amount of money you are seeking. Step 3: File Your Claim Take the completed form to the correct small claims court, which is usually in the county where the defendant business is located. You will have to pay a filing fee, which varies based on the amount you are claiming. If you cannot afford the fee, you can ask the clerk for a fee waiver form. Step 4: Serve the Debt Collector You must formally notify the debt collector of the lawsuit. This is called "service of process." You cannot do this yourself. You can pay the court clerk to serve by certified mail, or you can hire a professional process server. The service must be completed a specific number of days before the court date (e.g., at least 15 days before the hearing if served in person). Step 5: Prepare for Your Court Hearing Organize your evidence and prepare a brief, clear summary of your case. Make at least three copies of all your documents: one for you, one for the judge, and one for the debt collector. Practice explaining what happened and how it violated the law. Important Considerations: The maximum you can sue for in California Small Claims Court as an individual is $12,500. Under the Rosenthal Act, you can seek your actual damages plus statutory penalties of up to $1,000. The statute of limitations for this type of claim is typically one year from the date of the violation. Warnings and Limitations: Attorneys cannot represent you in the small claims hearing, but you can consult with one to help you prepare your case. Winning your case does not guarantee you will be paid; collecting the judgment is a separate process. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.