Cuyahoga County Public Library - Everybody's Guide to Small Claims Court

Go after the money that's owed you -- represent yourself in small claims court and win! Everybody's Guide to Small Claims Court gives you the step-by-step instructions and plain-English legal information you need to bring or defend a case with maximum success. From preparing evidence and witnesses to making a presentation in court, you'll learn how to: decide if you have a good case determine how much to sue for write your demand letter mediate a settlement before it goes to court file and serve papers prepare and present a winning case Everybody's Guide to Small Claims Court gives you down-to-earth examples of common cases, including: auto repair rental deposit auto warranty property damage small business disputes Updated and revised to reflect the latest in the law, the 9th edition covers small claims court procedures in all 50 states and Washington, D.C.

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Excerpts

Small Claims procedures are established by state law. This means there are differences in the operating rules of Small Claims Courts from state to state, including the maximum amount for which you can sue; who can sue; and what papers must be filed, where and when. There are even differences among names used for Small Claims Court (or its equivalent) in the different states, with "Justice," "District," "Municipal," "City," "County" and "Magistrates" court among the names commonly used. While the details of using Small Claims Courts vary from state to state, the basic approach necessary to prepare and present a case properly is remarkably similar everywhere. But details are important, and you will wish to do three things to make sure you understand how Small Claims Court works in your state: Look up your state in the 50-state Appendix towards the back of this book. Obtain your local Small Claims rules from your Small Claims Court clerk's office. Check out your state's Small Claims rules online at Nolo's free Small Claims Center. You'll find this in the Legal Research area of Nolo's home page, at www.nolo.com. Or access your state's Small Claims information by entering the URL you'll find near the top of your state's listing in the Appendix. The purpose of Small Claims Court is to hear disputes involving modest amounts of money, without long delays and formal rules of evidence. Disputes are normally presented by the people involved. Lawyers are prohibited in some states, including Michigan and California (except when involved in their own disputes), but are allowed in most. However, the limited dollar amounts involved usually make it uneconomical for people to hire them. The maximum amount of money for which you can sue (in legal jargon, the "jurisdictional amount") is set by state law, too. For example, the limit $5,000 in the District of Columbia, $3,000 in New York and $7,500 in Minnesota. These amounts are typical, although there is considerable variation. Some states allow Small Claims Court cases up to $15,000, while others limit cases to no more than $2,000. (See the Appendix.) In recent years, the maximum amount for which suits can be brought has been on the rise almost everywhere. Don't rely on your memory, or what a friend tells you, or even what you read here. Look up the Small Claims Court on the Web (see the Appendix for a list of state websites), or call the Small Claims Court clerk and find out exactly how much you can sue for. You may be pleasantly surprised.

Introduction 1. In the Beginning 2. Do You Have a Good Case? 3. Can You Recover If You Win? 4. How Much Can You Sue For? 5. Is the Suit Brought Within the Proper Time Limits (Statute of Limitations)? 6. How to Settle Your Dispute 7. Who Can Sue? 8. Who Can Be Sued? 9. Where Can You Sue? 10. Plaintiffs' and Defendants' Filing Fees, Court Papers and Court Dates 11. Serving Your Papers 12. The Defendant's Options 13. Getting Ready for Court 14. Eye and Expert Witnesses 15. Presenting Your Case to the Judge 16. Motor Vehicle Repair Cases 17. Motor Vehicle Purchase Cases 18. Bad Debts: Initiating and Defending Cases in Which Money Is Owed 19. Vehicle Accident Cases 20. Landlord-Tenant Cases 21. Miscellaneous Cases 22. Disputes Between Small Businesses 23. Judgment and Appeal 24. Collecting Your Money 25. Where Do We Go From Here? Appendix: Small Claims Court Rules for the 50 States (and the District of Columbia)