Everybody's guide to small claims court
"Step-by-step instructions for bringing or defending a small claims court case without a lawyer"--Provided by publisher.
| Main Author: | Warner, Ralph (Author) |
|---|---|
| Format: | Books Print Book |
| Language: | English |
| Published: |
Berkeley, California :
Nolo,
2016.
|
| Edition: | 16th edition. |
| Subjects: |
Table of Contents:
- Your small claims court companion
- Basics of small claims court. Why use small claims court? ; Will small claims work for you? ; How to use this book
- Do you have a good case? Stating your claim ; But is my case any good? ; Breach of contract cases ; Property damage cases ; Personal injury (and mental distress) cases ; Defective product cases ; Breach of warranty cases ; Professional malpractice cases ; Nuisance cases
- Can you collect your money if you win?
- How much can you sue for? Cutting your claim to fit the limit ; Splitting your case ; Calculating the amount of your claim ; Equitable relief (or, money can't always solve the problem)
- When should you sue? Statute of limitations ; Calculating the statute of limitations ; What if the statute of limitations has run?
- Settling your dispute. Negotiation ; Mediation ; Formal demand letters ; Get your settlement in writing (a release) ; Last minute agreements
- Who can sue? Married couples ; Sole proprietorships ; Business partnerships ; Corporations ; Limited liability companies ; Nonprofits and unincorporated associations ; Motor vehicle claims ; Government agencies ; Special rules for prisoners and military personnel ; Suits by minors ; Class actions (group lawsuits) ; Participation by attorneys and bill collectors
- Suing different kinds of defendants. One person ; Two or more people ; Individually owned businesses ; Partnerships ; Corporations and limited liability companies (LLCs) ; Motor vehicle accident cases ; How to sue minors ; How to sue government agencies ; A deceased person's estate
- Where can you sue? Out-of-state defendants ; Defendants in your state ; If you are sued in the wrong court
- Filing fees, court papers, and court dates. How much does it cost? ; Filing your lawsuit ; The defendant's forms ; Jury trials ; Your court date
- Serving your papers. Who must be served ; Where can papers be served? ; Serving an individual ; Serving a business ; How to serve a government agency ; Time limits for serving a claim ; Proof of service
- letting the court know ; Serving a defendant's claim ; Serving subpoenas ; Costs of service
- The defendant's options. If you are not properly served ; If you are sued in the wrong court ; If the statute of limitations has expired ; Try to compromise ; Try to mediate ; If you have no defense ; Paying in installments ; If you, not the plaintiff, were wronged
- file a defendant's claim ; Transferring your case to formal court ; Fight back
- Getting ready for court. Using a private lawyer ; Consider mediation
- again ; Be prepared ; Getting to the courthouse ; The courtroom ; The judge or commissioner ; Your courtroom strategy ; Organize your testimony and evidence
- Witnesses. What makes a good witness ; How to subpoena witnesses ; How to subpoena police and other peace officers ; How to subpoena documents ; Witness testimony by letter ; Judges as witnesses ; Testimony by telephone
- Your day in court. If the defendant is a no-show ; If the plaintiff is a no-show ; Your day in court ; Recovering costs ; A sample contested case
- Motor vehicle repair cases. Do you have a case? ; Prepare for court ; Appearing in court
- Motor vehicle purchase cases. New vehicles ; Used vehicles from dealers ; Used vehicles from private parties
- Bad debts : initiating and defending cases. Who should appear in court? ; From the plaintiff's point of view ; From the debtor's point of view
- Vehicle accident cases. Who can sue whom? ; Was there a witness? ; Police accident reports ; Determining fault ; Diagrams ; Photos ; Estimates ; Your demand letter ; Appearing in court
- Landlord-tenant case. Security deposit cases ; Unpaid rent and former tenants ; Former tenants' defenses to unpaid rent ; Drug dealing and other crimes ; The obnoxious landlord ; The landlord's right of entry and the tenant's right of privacy ; Discrimination ; Evictions for nonpayment of rent
- Miscellaneous cases. Clothing (alteration and cleaning) ; Dog-related cases ; Damage to real estate (land and buildings) ; Police brutality ; Defamation ; Internet transactions
- Disputes between small businesses. Remember : you didn't always hate the other guy ; Organizing your case ; A case study
- proving a contract exists ; A case study
- personal services contract
- Judgment and appeal. The judgment ; Paying the judgment ; Satisfaction of judgment ; The appeal
- Collecting your money. The timing of collecting your money ; How to collect ; Installment payments ; Judgments against government agencies ; Finding the debtor's assets ; Levying on wages, bank accounts, and other property ; Judgments from auto accidents ; Property liens ; Collection costs ; Renew your judgment
- Legal research. Local laws ; State laws ; Case law
- Appendixes. A, Small claims court rules for the 50 states (and the District of Columbia) ; B, Legal jargon for small claims court.