Everybody's Guide to Small Claims Court

by Warner, Ralph E.

• ISBN13: 9780873378659
• ISBN10: 0873378652
• Format: Paperback
• Copyright: 2003-02-01
• Publisher: Nolo

Summary

Go after the money that's owed you -- represent yourself in court and win! Smart preparation for your day in Small Claims Court can make the difference between writing a check and receiving one. This completely updated legal guide gives you step-by-step instructions on how to bring or defend your case with success. Book jacket.

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