Everybody's Guide to Small Claims Court

by Warner, Ralph E.; Allison, Linda

• ISBN13: 9781413300345
• ISBN10: 1413300340
• Edition: 10th
• Format: Paperback
• Copyright: 2004-08-01
• Publisher: Nolo

Summary

Proper presentation of a small claims court case can make the difference between receiving a check and writing one. This bestselling guide shows readers how to:- decide the legitimacy of a case- determine how much to sue for- find out whether it's possible to collect- settle a case before it goes to court- file and serve papers- and more.The book covers small claims court procedures in Canada as well as the U.S.

Author Biography

Ralph Warner helped found Nolo in 1971. A graduate of Princeton University and the Boalt Hall School of Law (U.C. Berkeley), he is the author of many books and articles aimed at making our legal system accessible to the average person

Table of Contents

Introduction
Chapter 1 In the Beginning
A. First Things	1/1	(1)
B. Checklist of Things to Think About Before Initiating or Defending Your Case	1/3	(1)
C. Legal Jargon Defined	1/6	(1)
D. Legal Research	1/11	(1)
Chapter 2 Do You Have a Good Case?
A. Stating Your Legal Claim in Court Papers	2/2	(1)
B. But Is My Case Really Any Good?	2/3	(1)
C. How to Approach a Breach of Contract Case	2/6	(1)
D. How to Approach a Breach of Warranty Case	2/14	(1)
E. How to Approach a Case When Your Property Has Been Damaged by the Negligent or Intentional Acts of Someone Else	2/16	(1)
F. How to Approach a Personal Injury (and Mental Distress) Case	2/20	(1)
G. How to Approach a Case When You Are Injured by a Defective Product (Doctrine of Strict Liablility)	2/21	(1)
H. How to Approach a Case When Your Rights Under State Law Have Been Breached	2/22	(1)
I Professional Malpractice	2/23	(1)
J. How to Prove a Nuisance Case	2/25	(2)
Chapter 3 Can You Recover If You Win?
Chapter 4 How Much Can You Sue For?
A. Cutting Down a Claim That's Over the Limit to Fit Into Small Claims Court	4/2	(1)
B. Splitting Small Claims Court Cases	4/2	(1)
C. How to Compute the Exact Amount of Your Claim	4/4	(1)
D. Computing an Exact Amount-Malpractice Cases	4/13	(1)
E. Equitable Relief (Or, Money Can't Always Solve the Problem)	4/14	(1)
Chapter 5 Is the Suit Brought Within the Proper Time Limit (Statute of Limitations)?
A. Statute of Limitations Periods	5/2	(1)
B. Computing the Statute of Limitations	5/5	(1)
C. Defendant Should Tell the Judge If the Statute of Limitations Has Run Out	5/7	(1)
Chapter 6 How to Settle Your Dispute
A. Demand Letters	6/2	(1)
B. Try to Negotiate a Settlement	6/14	(1)
C. Write Down the Settlement Terms	6/17	(1)
Chapter 7 Mediate Your Dispute
A. Why Mediate?	7/2	(1)
B. The Mediation Process	7/4	(1)
C. After a Successsful Mediation	7/8	(1)
Chapter 8 Who Can Sue?
A. Participaion by Attorneys and Bill Collectors	8/3	(1)
B. Suits by Minors	8/6	(1)
C. Class Actions (Group Lawsuits)	8/6	(1)
D. Special Rules for Prisoners and Military Personnel	8/7	(1)
E. Employees May Appear on Behalf of a Business	8/7	(1)
Chapter 9 Who Can Be Sued?
A. Suing One Person	9/2	(1)
B. Suing Two or More People	9/2	(1)
C. Suing an Individually Owned Business	9/3	(1)
D. Suing Partnerships	9/4	(1)
E. Suing a Corporation or Limited Liability Company (LLC)	9/5	(1)
F. Suing on a Motor Vehicle Accident	9/6	(1)
G. Special Procedures for Suits Against Minors	9/6	(1)
H. Special Rules for Suits Against Government Agencies	9/7	(1)
I. Special Procedures for Suits Against the Estates of Deceased People	9/8	(1)
Chapter 10 Where Can You Sue?
A. When the Defendant Is Out of State	10/2	(1)
B. When the Defendant Is in Your State	10/3	(1)
Chapter 11 Plaintiffs' and Defendans' Filing Fees, Court Papers, and Court Dates
A. How Much Does It Cost?	11/1	(1)
B. Filling Out Your Court Papers and Gettting Your Court Date	11/2	(1)
C. The Defendant's Forms	11/4	(1)
D. Jury Trials	11/7	(1)
E. Changing a Court Date	11/7	(1)
F. If One Party Doesn't Show Up	11/9	(1)
Chapter 12 Serving Your Papers
A. Who Must Be Served?	12/2	(1)
B. Where Can Papers Be Served?	12/2	(1)
C. How to Serve Papers on an Individual	12/3	(1)
D. How to Serve Papers on a Business	12/6	(1)
E. How to Serve Papers on a Public Agency	12/7	(1)
F. Notify the Court That Service Has Been Accomplished ("Proof of Service")	12/7	(1)
G. How to Serve Subpoenas	12/9	(1)
H. How to Serve a Defendant's Claim	12/9	(1)
I. How to Serve Papers on Someone in the Military	12/10	(1)
J. Costs of Personal Service	12/11	(1)
K. Time Limits for Serving	12/11	(1)
Chapter 13 The Defendant's Options
A. Claim Improper service or Another Technical Defense	13/2	(1)
B. You Have a Partial Defense-Try to Compromise	13/3	(1)
C. You Have Absolutely No Defense	13/4	(1)
D. You Want to Avoid Conflict-Try to Mediate	13/4	(1)
E. Have Your Case Transferred to a Formal Court	13/5	(1)
F. Fight Back	13/6	(1)
G. File Your Own Claim	13/8	(1)
Chapter 14 Getting Ready for Court
A. Interpreter Services	14/2	(1)
B. Free Legal Advice	14/3	(1)
C. Private Lawyers	14/3	(1)
D. Mediation and Arbitration	14/4	(1)
E. Getting to the Courthouse	14/5	(1)
F. Court Times	14/5	(1)
G. Understanding the Courtroom and Basic Procedure	14/6	(1)
H. Dealing With Your Opponent	14/7	(1)
I. Dealing With the Judge or Commissioner	14/8	(1)
J. Organizing Your Testimony and Evidence	14/10	(1)
Chapter 15 Eye and Expert Witnesses
A. Subpoenaing Witnesses	15/4	(1)
B. Subpoenaing Police Officers	15/4	(1)
C. Subpoenaing Documents	15/6	(1)
D. Written Evidence	15/9	(1)
E. Judges as Witnesses	15/12	(1)
F. Testimony by Telephone	15/13	(1)
Chapter 16 Presenting Your Case to the Judge
A. Uncontested Cases-Getting a Judgement by Default	16/1	(1)
B. Contested Cases	16/2	(1)
C. Don't Forget to Ask for Your Costs	16/9	(1)
Chapter 17 Motor Vehicle Repair Cases
A. Have You Suffered a Loss?	17/2	(1)
B. Can You Prove the Defendant's Negligence Caused Your Loss?	17/2	(1)
Chapter 18 Motor Vehicle Purchase Cases
A. New Vehicles	18/1	(1)
B. Used Vehicle Dealers	18/6	(1)
C. Used Vehicles From Private Parties	18/9	(1)
Chapter 19 Bad Debt Cases
A. Who Should Appear in Court?	19/2	(1)
B. Debt Cases From the Plaintiff's Point of View	19/3	(1)
C. Debt Cases From the Debtor's Point of View	19/8	(1)
Chapter 20 Vehicle Accident Cases
A. Who Can Sue Whom?	20/2	(1)
B. Witnesses	20/2	(1)
C. Police Accident Reports	20/3	(1)
D. Determining Fault	20/3	(1)
E. Diagrams	20/4	(1)
F. Photos	20/5	(1)
G. Estimates	20/5	(1)
H. Your Demand Letter	20/6	(1)
I. Appearing in Court	20/7	(1)
Chapter 21 Landlord-Tenant Cases
A. Security Deposit Cases	21/2	(1)
B. Unpaid Rent, Rent Withholding, and Other Money Damage Cases	21/10	(1)
C. Obnoxious Behavior	21/15	(1)
D. The Landlord's Right of Entry and the Tenant's Right of Privacy	21/16	(1)
E. Evictions	21/18	(1)
F. Discrimination	21/19	(1)
Chapter 22 Miscellaneous Cases
A. Clothing (Alteration and Cleaning)	22/1	(1)
B. Dog-Related Cases	22/3	(1)
C. Damage to Real Property (Land, Buildings, and So On)	22/4	(1)
D. Police Brutality/False Arrest Cases	22/6	(1)
E. Defamation (Including Libel and Slander)	22/7	(1)
F. Suits Against Airlines or Hotels	22/7	(1)
Chapter 23 Disputes Between Small Businesses
A. Remember: You Didn't Always Hate Your Opponent	23/3	(1)
B. Try Negotiation and Mediation Before Suing	23/3	(1)
C. Organizing Your Case	23/5	(1)
D. The Drama of the Distraught Designer	23/9	(1)
E. Old Friends Fall Out	23/12	(1)
Chapter 24 Judgment and Appeal
A. The Judgment	24/1	(1)
B. Installment Payments	24/2	(1)
C. Paying the Judgment Directly to the Court	24/5	(1)
D. The Satisfaction of Judgment	24/5	(1)
E. The Appeal	24/8	(1)
F. Filing Your Appeal	24/11	(1)
G. Arguing Your Appeal Without a Lawyer	24/1	(1)
H. Further Appeals	24/13	(1)
Chapter 25 Collecting Your Money
A. When You Can Start Collection Efforts	25/2	(1)
B. Finding the Debtor's Assets	25/5	(1)
C. Creating Property Liens	25/6	(1)
D. Levying on Wages, Bank Accounts, Business Assets, Real Property, and More	25/7	(1)
E. Recovering Collection Costs and Interest	25/15	(1)
F. Renew Your Judgment	25/15
Appendix Small Claims Court Rules for the 50 States (and the District of Columbia)