How to Win in Small Claims Court in California

by Hurst, Royce Orleans

• ISBN13: 9781572481947
• ISBN10: 1572481943
• Edition: 2nd
• Format: Paperback
• Copyright: 2002-06-01
• Publisher: Sourcebooks Inc

Summary

Step-by-step instructions and the forms you need for filing your case in a California small claims court

Table of Contents

Using Self-Help Law Books	ix
Introduction	xiii
Small Claims Court, Generally	1	(10)
How Much You Can Sue For
Remedies Other Than Money
Procedure
Needing an Attorney
Other Places to Get Help
Losses You Can Recover
Terminology
Before You Sue	11	(8)
Deciding Whether You Have a Case
Getting Information
Proving Your Case
Your Time and Effort
Collecting If You Win
Demanding Payment and Settling
Deadline for Filing Suit
Using Mediation to Resolve Your Case	19	(6)
Types of Mediation
Advantages to Mediation
Finding Services
Procedure
Filing and Serving Your Case	25	(16)
Those Who Can Sue and Be Sued
Where to File Your Suit
Fees
How Much To Sue For
Beginning Your Case
Forms
Statutes
Serving the Papers on the Defendant
When You Cannot Find the Defendant
Types of Cases	41	(22)
Bad Checks and ``Stop Payment'' Checks
Breach of Contract
Contract Rescission
Warranty
Lemon Law Cases
Consumer Contracts
Products Liability Cases
Auto Accidents and Other Negligence Cases
Class Actions
Homeowner Association Cases
Landlord Problems
Tenant Problems
Civil Rights Compliants
Attorney-Client Problems
Defending Yourself	63	(16)
Ignoring the Summons
The Next Step
Your Defenses
Settling the Case
Counterclaims
Cross-Claims and Third Party Claims
Requesting a Continuance
Methods of Payment
Appeal
Rules of Evidence	79	(8)
The Four Types of Evidence
Testimony by Declaration
Testimony by Telephone
Expert Witnesses
Oral Agreements
Judicial Notice
Proof
Preparing and Presenting Your Case	87	(6)
Preparing for Trial
Subpoena Process
Disqualifying a Judge
Presenting Your Case
Judgment
Vacating a Default Judgment
Collecting Your Judgment	93	(8)
Ask for Your Money
Collection Methods
Driver's License Suspension
Validity
After the Judgment Is Paid
Appealing Your Case	101	(2)
Glossary	103	(16)
Appendix A: Small Claims Advisors (and County Court Websites)	119	(8)
Appendix B: Mediation Programs by County	127	(8)
Appendix C: California Small Claims Statutes and Rules	135	(20)
Appendix D: List of Relevant Consumer Statutes	155	(4)
Appendix E: Statutes of Limitation	159	(4)
Appendix F: Questions for Judgment Debtor	163	(4)
Appendix G: Checklists	167	(6)
Appendix H: Demand Letters	173	(4)
Appendix I: Judicial Council Forms	177	(86)
Appendix J: List of Local Forms	263	(4)
Index	267