Everybody's Guide to Small Claims Court,9781413300345

Everybody's Guide to Small Claims Court

by ;
Edition: 10th
ISBN13: 9781413300345
ISBN10: 1413300340
Format: Paperback
Pub. Date: 2004-08-01
Publisher(s): Nolo
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Summary

Proper presentation of a small claims court case can make the difference between receiving a check and writing one. This bestselling guide shows readers how to:- decide the legitimacy of a case- determine how much to sue for- find out whether it's possible to collect- settle a case before it goes to court- file and serve papers- and more.The book covers small claims court procedures in Canada as well as the U.S.

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
Chapter 1 In the Beginning
A. First Things
1/1(1)
B. Checklist of Things to Think About Before Initiating or Defending Your Case
1/3(1)
C. Legal Jargon Defined
1/6(1)
D. Legal Research
1/11(1)
Chapter 2 Do You Have a Good Case?
A. Stating Your Legal Claim in Court Papers
2/2(1)
B. But Is My Case Really Any Good?
2/3(1)
C. How to Approach a Breach of Contract Case
2/6(1)
D. How to Approach a Breach of Warranty Case
2/14(1)
E. How to Approach a Case When Your Property Has Been Damaged by the Negligent or Intentional Acts of Someone Else
2/16(1)
F. How to Approach a Personal Injury (and Mental Distress) Case
2/20(1)
G. How to Approach a Case When You Are Injured by a Defective Product (Doctrine of Strict Liablility)
2/21(1)
H. How to Approach a Case When Your Rights Under State Law Have Been Breached
2/22(1)
I Professional Malpractice
2/23(1)
J. How to Prove a Nuisance Case
2/25(2)
Chapter 3 Can You Recover If You Win?
Chapter 4 How Much Can You Sue For?
A. Cutting Down a Claim That's Over the Limit to Fit Into Small Claims Court
4/2(1)
B. Splitting Small Claims Court Cases
4/2(1)
C. How to Compute the Exact Amount of Your Claim
4/4(1)
D. Computing an Exact Amount-Malpractice Cases
4/13(1)
E. Equitable Relief (Or, Money Can't Always Solve the Problem)
4/14(1)
Chapter 5 Is the Suit Brought Within the Proper Time Limit (Statute of Limitations)?
A. Statute of Limitations Periods
5/2(1)
B. Computing the Statute of Limitations
5/5(1)
C. Defendant Should Tell the Judge If the Statute of Limitations Has Run Out
5/7(1)
Chapter 6 How to Settle Your Dispute
A. Demand Letters
6/2(1)
B. Try to Negotiate a Settlement
6/14(1)
C. Write Down the Settlement Terms
6/17(1)
Chapter 7 Mediate Your Dispute
A. Why Mediate?
7/2(1)
B. The Mediation Process
7/4(1)
C. After a Successsful Mediation
7/8(1)
Chapter 8 Who Can Sue?
A. Participaion by Attorneys and Bill Collectors
8/3(1)
B. Suits by Minors
8/6(1)
C. Class Actions (Group Lawsuits)
8/6(1)
D. Special Rules for Prisoners and Military Personnel
8/7(1)
E. Employees May Appear on Behalf of a Business
8/7(1)
Chapter 9 Who Can Be Sued?
A. Suing One Person
9/2(1)
B. Suing Two or More People
9/2(1)
C. Suing an Individually Owned Business
9/3(1)
D. Suing Partnerships
9/4(1)
E. Suing a Corporation or Limited Liability Company (LLC)
9/5(1)
F. Suing on a Motor Vehicle Accident
9/6(1)
G. Special Procedures for Suits Against Minors
9/6(1)
H. Special Rules for Suits Against Government Agencies
9/7(1)
I. Special Procedures for Suits Against the Estates of Deceased People
9/8(1)
Chapter 10 Where Can You Sue?
A. When the Defendant Is Out of State
10/2(1)
B. When the Defendant Is in Your State
10/3(1)
Chapter 11 Plaintiffs' and Defendans' Filing Fees, Court Papers, and Court Dates
A. How Much Does It Cost?
11/1(1)
B. Filling Out Your Court Papers and Gettting Your Court Date
11/2(1)
C. The Defendant's Forms
11/4(1)
D. Jury Trials
11/7(1)
E. Changing a Court Date
11/7(1)
F. If One Party Doesn't Show Up
11/9(1)
Chapter 12 Serving Your Papers
A. Who Must Be Served?
12/2(1)
B. Where Can Papers Be Served?
12/2(1)
C. How to Serve Papers on an Individual
12/3(1)
D. How to Serve Papers on a Business
12/6(1)
E. How to Serve Papers on a Public Agency
12/7(1)
F. Notify the Court That Service Has Been Accomplished ("Proof of Service")
12/7(1)
G. How to Serve Subpoenas
12/9(1)
H. How to Serve a Defendant's Claim
12/9(1)
I. How to Serve Papers on Someone in the Military
12/10(1)
J. Costs of Personal Service
12/11(1)
K. Time Limits for Serving
12/11(1)
Chapter 13 The Defendant's Options
A. Claim Improper service or Another Technical Defense
13/2(1)
B. You Have a Partial Defense-Try to Compromise
13/3(1)
C. You Have Absolutely No Defense
13/4(1)
D. You Want to Avoid Conflict-Try to Mediate
13/4(1)
E. Have Your Case Transferred to a Formal Court
13/5(1)
F. Fight Back
13/6(1)
G. File Your Own Claim
13/8(1)
Chapter 14 Getting Ready for Court
A. Interpreter Services
14/2(1)
B. Free Legal Advice
14/3(1)
C. Private Lawyers
14/3(1)
D. Mediation and Arbitration
14/4(1)
E. Getting to the Courthouse
14/5(1)
F. Court Times
14/5(1)
G. Understanding the Courtroom and Basic Procedure
14/6(1)
H. Dealing With Your Opponent
14/7(1)
I. Dealing With the Judge or Commissioner
14/8(1)
J. Organizing Your Testimony and Evidence
14/10(1)
Chapter 15 Eye and Expert Witnesses
A. Subpoenaing Witnesses
15/4(1)
B. Subpoenaing Police Officers
15/4(1)
C. Subpoenaing Documents
15/6(1)
D. Written Evidence
15/9(1)
E. Judges as Witnesses
15/12(1)
F. Testimony by Telephone
15/13(1)
Chapter 16 Presenting Your Case to the Judge
A. Uncontested Cases-Getting a Judgement by Default
16/1(1)
B. Contested Cases
16/2(1)
C. Don't Forget to Ask for Your Costs
16/9(1)
Chapter 17 Motor Vehicle Repair Cases
A. Have You Suffered a Loss?
17/2(1)
B. Can You Prove the Defendant's Negligence Caused Your Loss?
17/2(1)
Chapter 18 Motor Vehicle Purchase Cases
A. New Vehicles
18/1(1)
B. Used Vehicle Dealers
18/6(1)
C. Used Vehicles From Private Parties
18/9(1)
Chapter 19 Bad Debt Cases
A. Who Should Appear in Court?
19/2(1)
B. Debt Cases From the Plaintiff's Point of View
19/3(1)
C. Debt Cases From the Debtor's Point of View
19/8(1)
Chapter 20 Vehicle Accident Cases
A. Who Can Sue Whom?
20/2(1)
B. Witnesses
20/2(1)
C. Police Accident Reports
20/3(1)
D. Determining Fault
20/3(1)
E. Diagrams
20/4(1)
F. Photos
20/5(1)
G. Estimates
20/5(1)
H. Your Demand Letter
20/6(1)
I. Appearing in Court
20/7(1)
Chapter 21 Landlord-Tenant Cases
A. Security Deposit Cases
21/2(1)
B. Unpaid Rent, Rent Withholding, and Other Money Damage Cases
21/10(1)
C. Obnoxious Behavior
21/15(1)
D. The Landlord's Right of Entry and the Tenant's Right of Privacy
21/16(1)
E. Evictions
21/18(1)
F. Discrimination
21/19(1)
Chapter 22 Miscellaneous Cases
A. Clothing (Alteration and Cleaning)
22/1(1)
B. Dog-Related Cases
22/3(1)
C. Damage to Real Property (Land, Buildings, and So On)
22/4(1)
D. Police Brutality/False Arrest Cases
22/6(1)
E. Defamation (Including Libel and Slander)
22/7(1)
F. Suits Against Airlines or Hotels
22/7(1)
Chapter 23 Disputes Between Small Businesses
A. Remember: You Didn't Always Hate Your Opponent
23/3(1)
B. Try Negotiation and Mediation Before Suing
23/3(1)
C. Organizing Your Case
23/5(1)
D. The Drama of the Distraught Designer
23/9(1)
E. Old Friends Fall Out
23/12(1)
Chapter 24 Judgment and Appeal
A. The Judgment
24/1(1)
B. Installment Payments
24/2(1)
C. Paying the Judgment Directly to the Court
24/5(1)
D. The Satisfaction of Judgment
24/5(1)
E. The Appeal
24/8(1)
F. Filing Your Appeal
24/11(1)
G. Arguing Your Appeal Without a Lawyer
24/1(1)
H. Further Appeals
24/13(1)
Chapter 25 Collecting Your Money
A. When You Can Start Collection Efforts
25/2(1)
B. Finding the Debtor's Assets
25/5(1)
C. Creating Property Liens
25/6(1)
D. Levying on Wages, Bank Accounts, Business Assets, Real Property, and More
25/7(1)
E. Recovering Collection Costs and Interest
25/15(1)
F. Renew Your Judgment
25/15
Appendix Small Claims Court Rules for the 50 States (and the District of Columbia)

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