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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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.
Table of Contents
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)
Reviews
Associated Press...
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.
Kiplinger’s Personal Finance Magazine...
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.
Small Business Opportunities...
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.
About the Author
Attorney Ralph Warner
Ralph Warner is a co-founder and e-publisher of Nolo.com and one of the pioneers of the self-help law movement. A graduate of Princeton University and the Boalt School of Law (U.C. Berkeley), he is the author of many books and articles aimed at making our legal system more accessible and democratic.
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Everybody's Guide to Small Claims Court
by Ralph Warner