Everybody's Guide to Small Claims Court

by Warner, Ralph

• ISBN13: 9781413304909
• ISBN10: 1413304907
• Edition: 11th
• Format: Paperback
• Copyright: 2006-06-30
• Publisher: NOLO

Summary

Step-by-step advice on how to prepare your case, how to file it, and perhaps most importantly, how to collect if you win...You can find good counsel in attorney Ralph Warner's Everybody's Guide to Small Claims Court. - Associated Press - Everybody's Guide to Small Claims Court walks you through the halls of small justice and explains how to file a claim, figure damages and argue your case effectively.- Kiplinger's Personal Finance Magazine - A drum roll, please! We would like to herald the arrival of Nolo's Everybody's Guide to Small Claims Court. Author attorney - Ralph Warner has packed tons of info into this 7th edition...it's a bargain. - Small Business Opportunities - You'll wish you'd read this book when you'd had the chance ... it can give you that critical edge. - David Horowitz, Consumer Advocate - useful advice...for anyone trying to get money back.- Money Magazine - If a company refuses your request, take the case to small-claims court.... If you choose this route, read Everybody's Guide to Small Claims Court..- Roberta Furger - PC World

Author Biography

Ralph "Jake" Warner retired from day-to-day management of Nolo in 2004, after 32 years as president of the company. Widely regarded as a pioneer of the self-help law movement, Warner founded Nolo in 1972. He began publishing do-it-yourself law books written by him and his colleagues after being rejected by numerous publishers. When personal computers came along, he added software to many Nolo books. When the Internet arrived, he pioneered online marketing of books. In addition to running the company, Warner is an active editor and author. He has written many books, including Get a Life: You Don't Need a Million to Retire Well and How to Run a Thriving Business. He lives in Berkeley CA.

Table of Contents

Introduction	1	(4)
In the Beginning	5	(14)
First Things	6	(2)
Checklist of Things to Think About Before Initiating or Defending Your Case	8	(3)
Legal Jargon Defined	11	(6)
How to Use This Book	17	(2)
Do You Have a Good Case?	19	(32)
Stating Your Claim on Your Court Papers	20	(1)
But Is My Case Really Any Good?	21	(5)
How to Approach a Breach of Contract Case	26	(8)
How to Approach a Property Damage Case	34	(4)
How to Approach a Personal Injury (and Mental Distress) Case	38	(3)
How to Approach a Case When You Are Injured by a Defective Product	41	(1)
How to Approach a Breach of Warranty Case	42	(4)
How to Approach a Professional Malpractice Case	46	(2)
How to Approach a Nuisance Case	48	(3)
Can You Collect Your Money If You Win?	51	(4)
How Much Can You Sue For?	55	(20)
Cutting Down a Claim to Fit Under the Limit	56	(1)
Splitting Small Claims Court Cases	57	(2)
How to Calculate the Exact Amount of Your Claim	59	(12)
Equitable Relief (or, Money Can't Always Solve the Problem)	71	(4)
When Can You Sue?	75	(10)
Statute of Limitations Periods	76	(4)
Calculating the Statute of Limitations	80	(3)
Defendant Should Tell the Judge If the Statute of Limitations Has Run Out	83	(2)
How to Settle Your Dispute	85	(28)
Try to Talk Out Your Dispute	87	(3)
Mediate Your Dispute	90	(6)
Write a Formal Demand Letter	96	(10)
Write Down the Terms of Any Settlement	106	(6)
Agreement Just Before Court Hearing	112	(1)
Who Can Sue?	113	(8)
Married Couples	114	(2)
Sole Proprietorships	116	(1)
Business Partnerships	116	(1)
Corporations	116	(1)
Limited Liability Companies	116	(1)
Nonprofits and Unincorporated Associations	117	(1)
Motor Vehicle Claims	117	(1)
Government Agencies	117	(1)
Special Rules for by Prisoners and Military Personnel Transferred Out of State	117	(1)
Suits by Minors	118	(1)
Class Actions (Group Lawsuits)	118	(2)
Participation by Attorneys and Bill Collectors	120	(1)
Who Can Be Sued?	121	(10)
How to Sue One Person	122	(1)
How to Sue Two or More People	122	(1)
How to Sue an Individually Owned Business	123	(2)
How to Sue a Partnership	125	(1)
How to Sue a Corporation or Limited Liability Company (LLC)	125	(1)
How to Sue on a Motor Vehicle Accident	126	(1)
How to Sue Minors	127	(1)
How to Sue Government Agencies	128	(1)
How to Sue the Estates of Deceased People	129	(2)
Where Can You Sue?	131	(10)
Where to Sue Out-of-State Defendants	132	(2)
Where to Sue Defendants in Your State	134	(5)
What Happens if Suit Is Filed in the Wrong Small Claims Court?	139	(2)
Plaintiff's and Defendant's Filing Fees, Court Papers, and Court Dates	141	(16)
How Much Does It Cost?	142	(1)
Filling Out Your Court Papers and Getting Your Court Date	142	(6)
The Defendant's Forms	148	(4)
Jury Trials	152	(1)
Changing a Court Date	152	(5)
Serving Your Papers	157	(16)
Who Must Be Served	158	(1)
Where Can Papers Be Served?	159	(1)
How to Serve an Individual	159	(5)
How to Serve Papers on a Business	164	(2)
How to Serve a Government Agency	166	(1)
Time Limits in Which the Plaintiff's Claim Must Be Served	166	(1)
How to Notify the Court That Service Has Been Accomplished (``Proof of Service'')	167	(3)
How and When to Serve a Defendant's Claim	170	(1)
How and When to Serve Subpoenas	170	(1)
Costs of Service	171	(2)
The Defendant's Options	173	(10)
Claim That You Weren't Properly Served With Court Papers	174	(1)
Claim You Were Sued in the Wrong Small Claims Court	175	(1)
Claim You Were Sued After the Statute of Limitations Expired	176	(1)
You Have a Partial Defense---Try to Compromise	176	(1)
You Want to Avoid Conflict---Try to Mediate	177	(1)
You Have Absolutely No Defense	178	(1)
You Want to Pay the Plaintiff in Installments	178	(1)
If You, Not the Plaintiff, Were Wronged---File a Defendant's Claim	179	(1)
Have Your Case Transferred to Formal Court	179	(1)
Fight Back	180	(3)
Getting Ready for Court	183	(14)
Getting Help From a Private Lawyer	185	(1)
Mediation	185	(1)
Practice, Practice, Practice	186	(1)
Getting to the Courthouse	187	(1)
Court Times	187	(1)
Understanding the Courtroom and Basic Procedure	188	(2)
Dealing With Your Opponent	190	(1)
Dealing With the Judge or Commissioner	191	(3)
Organizing Your Testimony and Evidence	194	(3)
Witnesses	197	(16)
Who Makes a Good Witness	198	(3)
Subpoenaing Witnesses	201	(3)
Subpoenaing Police Officers	204	(1)
Subpoenaing Documents	205	(2)
Witness Testimony by Letter	207	(3)
Judges as Witnesses	210	(1)
Testimony by Telephone	211	(2)
Your Day in Court	213	(18)
If Your Opponent Doesn't Show Up	214	(5)
Contested Cases	219	(6)
A Sample Contested Case	225	(3)
Don't Forget to Ask for Your Costs	228	(3)
Motor Vehicle Repair Cases	231	(8)
Have You Suffered a Loss?	232	(1)
Can You Prove the Defendant's Negligence Caused Your Loss?	233	(6)
Motor Vehicle Purchase Cases	239	(14)
New Vehicles	240	(3)
Used Vehicle Dealers	243	(3)
Used Vehicles from Private Parties	246	(7)
Bad Debts: Initiating and Defending Cases in Which Money Is Owed	253	(14)
Small Claims Court Is a Good Place to Sue on Bad Debts	254	(1)
Who Should Appear in Court?	255	(1)
Bad Debt Cases From the Plaintiff's Point of View	256	(5)
Debt Cases From the Debtor's Point of View	261	(6)
Vehicle Accident Cases	267	(10)
Who Can Sue Whom?	269	(1)
Was There a Witness to the Accident?	269	(1)
Police Accident Reports	269	(1)
Determining Fault	270	(1)
Diagrams	271	(1)
Photos	272	(1)
Estimates	272	(1)
Your Demand Letter	273	(2)
Appearing in Court	275	(2)
Landlord-Tenant Cases	277	(26)
Security Deposit Cases	280	(9)
Unpaid Rent, Rent Withholding, and Other Money Damage Cases	289	(5)
Drug Dealing and Other Crimes	294	(4)
The Obnoxious Landlord	298	(1)
The Landlord's Right of Entry and the Tenant's Right of Privacy	298	(2)
Discrimination	300	(1)
Evictions	301	(2)
Miscellaneous Cases	303	(12)
Clothing (Alteration and Cleaning)	304	(2)
Dog-Related Cases	306	(1)
Damage to Real Estate (Land, Buildings, Etc.)	307	(2)
Police Brutality/False Arrest Cases	309	(1)
Defamation (Including Libel and Slander)	310	(1)
Internet Purchases	311	(4)
Disputes Between Small Businesses	315	(16)
Remember: You Didn't Always Hate Your Opponent	317	(1)
Organizing Your Case	318	(4)
The Drama of the Distraught Designer	322	(3)
Old Friends Fall Out	325	(6)
Judgment and Appeal	331	(18)
The Judgment	332	(1)
Installment Payments	333	(3)
Paying the Judgment Directly to the Court	336	(1)
File Satisfaction of Judgment After Payment	336	(3)
The Appeal	339	(10)
Collecting Your Money	349	(30)
The Timing of Collecting Your Money	351	(1)
How to Collect	352	(4)
If Installment Payments Aren't Made	356	(2)
Collecting a Judgment Against a Government Agency	358	(1)
Finding the Debtor's Assets	359	(4)
Levying on Wages, Bank Accounts, Business Assets, Personal Property, Etc.	363	(10)
Judgments Stemming From Auto Accidents	373	(1)
Creating Property Liens	373	(1)
Recovering Collection Costs and Interest	374	(1)
Renew Your Judgment	375	(4)
Legal Research	379	(16)
Local Laws	380	(1)
State Laws	381	(6)
Case Law	387	(8)
Appendix	395
Index