Everybody's Guide to Small Claims Court

Venue:

Description:

The only guide to small claims court that provides insights from judges.

Smart preparation for your day in small claims court can make the difference between writing a check and receiving one.

Everybody's Guide to Small Claims Court provides the information, tips and strategies you need to sue someone successfully, or put up a winning defense. Find out how to:

• write a demand letter
• file and serve papers
• prepare a winning presentation
• prepare evidence
• line up persuasive witnesses
• figure out your damages
• mediate a settlement
• collect money when you win

Everybody's Guide to Small Claims Court gives you down-to-earth examples of common cases, including:

• auto repair
• rental deposit
• auto warranty
• property damage
• small business disputes

Table of Contents

Introduction

1. In the Beginning

• A. First Things
• B. Checklist of Things to Think About Before Initiating or Defending Your Case
• C. Legal Jargon Defined
• D. How to Use This Book

2. Do You Have a Good Case?

• A. Stating Your Claim on Your Court Papers
• B. But Is My Case Really Any Good?
• C. How to Approach a Breach of Contract Case
• D. How to Approach a Property Damage Case
• E. How to Approach a Personal Injury (and Mental Distress) Case
• F. How to Approach a Case When You Are Injured by a Defective Product
• G. How to Approach a Breach of Warranty Case
• H. How to Approach a Professional Malpractice Case
• I. How to Approach a Nuisance Case

3. Can You Collect Your Money If You Win?

4. How Much Can You Sue For?

• A. Cutting Down a Claim to Fit Under the Limit
• B. Splitting Small Claims Court Cases
  C. How to Calculate the Exact Amount of Your Claim
• D. Equitable Relief (or, Money Can't Always Solve the Problem)

5. When Can You Sue?

• A. Statute of Limitations Periods
• B. Calculating the Statute of Limitations
• C. Defendant Should Tell the Judge If the Statute of Limitations Has Run Out

6. How to Settle Your Dispute

• A. Try to Talk Out Your Dispute
• B. Mediate Your Dispute
• C. Write a Formal Demand Letter
• D. Write Down the Terms of Any Settlement
• E. Agreement Just Before Court Hearing

7. Who Can Sue?

• A. Married Couples
• B. Sole Proprietorships
• C. Business Partnerships
• D. Corporations
• E. Limited Liability Companies
• F. Nonprofits and Unincorporated Associations
• G. Motor Vehicle Claims
• H. Government Agencies
• I. Special Rules for by Prisoners and Military Personnel Transferred Out of State
• J. Suits by Minors
• K. Class Actions (Group Lawsuits)
• L. Participation by Attorneys and Bill Collectors

8. Who Can Be Sued?

• A. How to Sue One Person
• B. How to Sue Two or More People
• C. How to Sue an Individually Owned Business
• D. How to Sue a Partnership
• E. How to Sue a Corporation or Limited Liability Company (LLC)
• F. How to Sue on a Motor Vehicle Accident
• G. How to Sue Minors
• H. How to Sue Government Agencies
• I. How to Sue the Estates of Deceased People

9. Where Can You Sue?

• A. Where to Sue Out-of-State Defendants
• B. Where to Sue Defendants in Your State
• C. What Happens if Suit Is Filed in the Wrong Small Claims Court?

10. Plaintiff's and Defendant's Filing Fees, Court Papers, and Court Dates

• A. How Much Does It Cost?
• B. Filling Out Your Court Papers and Getting Your Court Date
• C. The Defendant's Forms
• D. Jury Trials
• E. Changing a Court Date

11. Serving Your Papers

• A. Who Must Be Served
• B. Where Can Papers Be Served?
• C. How to Serve an Individual
• D. How to Serve Papers on a Business
• E. How to Serve a Government Agency
• F. Time Limits in Which the Plaintiff's Claim Must Be Served
• G. How to Notify the Court That Service Has Been Accomplished ("Proof of Service")
• H. How and When to Serve a Defendant's Claim
• I. How and When to Serve Subpoenas
• J. Costs of Service

12. The Defendant's Options

• A. Claim That You Weren't Properly Served With Court Papers
• B. Claim You Were Sued in the Wrong Small Claims Court
• C. Claim You Were Sued After the Statute of Limitations Expired
• D. You Have a Partial Defense-Try to Compromise
• E. You Want to Avoid Conflict-Try to Mediate
• F. You Have Absolutely No Defense
• G. You Want to Pay the Plaintiff in Installments
• H. If You, Not the Plaintiff, Were Wronged-File a Defendant's Claim
• I. Have Your Case Transferred to Formal Court
• J. Fight Back

13. Getting Ready for Court

• A. Getting Help From a Private Lawyer
• B. Mediation
• C. Practice, Practice, Practice
• D. Getting to the Courthouse
• E. Court Times
• F. Understanding the Courtroom and Basic Procedure
• G. Dealing With Your Opponent
• H. Dealing With the Judge or Commissioner
• I. Organizing Your Testimony and Evidence

14. Witnesses

• A. Who Makes a Good Witness
• B. Subpoenaing Witnesses
• C. Subpoenaing Police Officers
• D. Subpoenaing Documents
• E. Witness Testimony by Letter
• F. Judges as Witnesses
• G. Testimony by Telephone

15. Your Day in Court

• A. If Your Opponent Doesn't Show Up
• B. Contested Cases
• C. A Sample Contested Case
• D. Don't Forget to Ask for Your Costs

16. Motor Vehicle Repair Cases

• A. Have You Suffered a Loss?
• B. Can You Prove the Defendant's Negligence Caused Your Loss?

17. Motor Vehicle Purchase Cases

• A. New Vehicles
• B. Used Vehicle Dealers
• C. Used Vehicles from Private Parties

18. Bad Debts: Initiating and Defending Cases in Which Money Is Owed

• A. Small Claims Court Is a Good Place to Sue on Bad Debts
• B. Who Should Appear in Court?
• C. Bad Debt Cases From the Plaintiff's Point of View
• D. Debt Cases From the Debtor's Point of View

19. Vehicle Accident Cases

• A. Who Can Sue Whom?
• B. Was There a Witness to the Accident?
• C. Police Accident Reports
• D. Determining Fault
• E. Diagrams
• F. Photos
• G. Estimates
• H. Your Demand Letter
• I. Appearing in Court

20. Landlord-Tenant Cases

• A. Security Deposit Cases
• B. Unpaid Rent, Rent Withholding, and Other Money Damage Cases
• C. Drug Dealing and Other Crimes
• D. The Obnoxious Landlord
• E. The Landlord's Right of Entry and the Tenant's Right of Privacy
• F. Discrimination
• G. Evictions

21. Miscellaneous Cases

• A. Clothing (Alteration and Cleaning)
• B. Dog-Related Cases
• C. Damage to Real Estate (Land, Buildings, Etc.)
• D. Police Brutality/False Arrest Cases
• E. Defamation (Including Libel and Slander)
• F. Internet Purchases

22. Disputes Between Small Businesses

• A. Remember: You Didn't Always Hate Your Opponent
• B. Organizing Your Case
• C. The Drama of the Distraught Designer
• D. Old Friends Fall Out

23. Judgment and Appeal

• A. The Judgment
• B. Installment Payments
• C. Paying the Judgment Directly to the Court
• D. File Satisfaction of Judgment After Payment
• E. The Appeal

24. Collecting Your Money

• A. The Timing of Collecting Your Money
• B. How to Collect
• C. If Installment Payments Aren't Made
• D. Collecting a Judgment Against a Government Agency
• E. Finding the Debtor's Assets
• F. Levying on Wages, Bank Accounts, Business Assets, Personal Property, Etc.
• G. Judgments Stemming From Auto Accidents
• H. Creating Property Liens
• I. Recovering Collection Costs and Interest
• J. Renew Your Judgment

25. Legal Research

• A. Local Laws
• B. State Laws
• C. Case Law

Appendix

Index