home > Products > Legal Forms

Everybody's Guide to Small Claims Court

by Attorney Ralph Warner

Pages: 464 eBook: (PDF 2.1 MB) Download the electronic version of this product and start reading it instantly! No shipping fees. Requires the Adobe Acrobat Reader

Price:   $29.99

Summary

The only guide to small claims court that provides insights from judges.

Smart preparation for your day in small claims court can make the difference between writing a check and receiving one.

Everybody's Guide to Small Claims Court provides the information, tips and strategies you need to sue someone successfully, or put up a winning defense. Find out how to:

• write a demand letter
• file and serve papers
• prepare a winning presentation
• prepare evidence
• line up persuasive witnesses
• figure out your damages
• mediate a settlement
• collect money when you win

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

The 11th edition is completely updated to include the latest procedures for small claims courts in every state and Washington, D.C. Plus, it now includes useful, practical comments by judges who've seen it all. 

Press Reviews

"Step-by-step advice on how to prepare your case, how to file it, and perhaps most importantly, how to collect if you win..." Associated Press

"Takes you by the hand through all the potential pitfalls of trying your own case." Los Angeles Times

"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." Kiplinger’s Personal Finance Magazine

"A drum roll, please! We would like to herald the arrival of Nolo’s Everybody’s Guide to Small Claims Court. ...it's a bargain." Small Business Opportunities

"You’ll wish you’d read this book when you’d had the chance … it can give you that critical edge." David Horowitz, Consumer Advocate

"Useful advice…for anyone trying to get money back." Money Magazine

"If a company refuses your request, take the case to small-claims court.... If you choose this route, read Everybody’s Guide to Small Claims Court...." Roberta Furger, PC World

Table of Contents

Introduction

1. In the Beginning

A. First Things
B. Checklist of Things to Think About Before Initiating or Defending Your Case
C. Legal Jargon Defined
D. How to Use This Book

2. Do You Have a Good Case?

A. Stating Your Claim on Your Court Papers
B. But Is My Case Really Any Good?
C. How to Approach a Breach of Contract Case
D. How to Approach a Property Damage Case
E. How to Approach a Personal Injury (and Mental Distress) Case
F. How to Approach a Case When You Are Injured by a Defective Product
G. How to Approach a Breach of Warranty Case
H. How to Approach a Professional Malpractice Case
I. How to Approach a Nuisance Case

3. Can You Collect Your Money If You Win?

4. How Much Can You Sue For?

A. Cutting Down a Claim to Fit Under the Limit
B. Splitting Small Claims Court Cases
C. How to Calculate the Exact Amount of Your Claim
D. Equitable Relief (or, Money Can't Always Solve the Problem)

5. When Can You Sue?

A. Statute of Limitations Periods
B. Calculating the Statute of Limitations
C. Defendant Should Tell the Judge If the Statute of Limitations Has Run Out

6. How to Settle Your Dispute

A. Try to Talk Out Your Dispute
B. Mediate Your Dispute
C. Write a Formal Demand Letter
D. Write Down the Terms of Any Settlement
E. Agreement Just Before Court Hearing

7. Who Can Sue?

A. Married Couples
B. Sole Proprietorships
C. Business Partnerships
D. Corporations
E. Limited Liability Companies
F. Nonprofits and Unincorporated Associations
G. Motor Vehicle Claims
H. Government Agencies
I. Special Rules for by Prisoners and Military Personnel Transferred Out of State
J. Suits by Minors
K. Class Actions (Group Lawsuits)
L. Participation by Attorneys and Bill Collectors

8. Who Can Be Sued?

A. How to Sue One Person
B. How to Sue Two or More People
C. How to Sue an Individually Owned Business
D. How to Sue a Partnership
E. How to Sue a Corporation or Limited Liability Company (LLC)
F. How to Sue on a Motor Vehicle Accident
G. How to Sue Minors
H. How to Sue Government Agencies
I. How to Sue the Estates of Deceased People

9. Where Can You Sue?

A. Where to Sue Out-of-State Defendants
B. Where to Sue Defendants in Your State
C. What Happens if Suit Is Filed in the Wrong Small Claims Court?

10. Plaintiff's and Defendant's Filing Fees, Court Papers, and Court Dates

A. How Much Does It Cost?
B. Filling Out Your Court Papers and Getting Your Court Date
C. The Defendant's Forms
D. Jury Trials
E. Changing a Court Date

11. Serving Your Papers

A. Who Must Be Served
B. Where Can Papers Be Served?
C. How to Serve an Individual
D. How to Serve Papers on a Business
E. How to Serve a Government Agency
F. Time Limits in Which the Plaintiff's Claim Must Be Served
G. How to Notify the Court That Service Has Been Accomplished ("Proof of Service")
H. How and When to Serve a Defendant's Claim
I. How and When to Serve Subpoenas
J. Costs of Service

12. The Defendant's Options

A. Claim That You Weren't Properly Served With Court Papers
B. Claim You Were Sued in the Wrong Small Claims Court
C. Claim You Were Sued After the Statute of Limitations Expired
D. You Have a Partial Defense-Try to Compromise
E. You Want to Avoid Conflict-Try to Mediate
F. You Have Absolutely No Defense
G. You Want to Pay the Plaintiff in Installments
H. If You, Not the Plaintiff, Were Wronged-File a Defendant's Claim
I. Have Your Case Transferred to Formal Court
J. Fight Back

13. Getting Ready for Court

A. Getting Help From a Private Lawyer
B. Mediation
C. Practice, Practice, Practice
D. Getting to the Courthouse
E. Court Times
F. Understanding the Courtroom and Basic Procedure
G. Dealing With Your Opponent
H. Dealing With the Judge or Commissioner
I. Organizing Your Testimony and Evidence

14. Witnesses

A. Who Makes a Good Witness
B. Subpoenaing Witnesses
C. Subpoenaing Police Officers
D. Subpoenaing Documents
E. Witness Testimony by Letter
F. Judges as Witnesses
G. Testimony by Telephone

15. Your Day in Court

A. If Your Opponent Doesn't Show Up
B. Contested Cases
C. A Sample Contested Case
D. Don't Forget to Ask for Your Costs

16. Motor Vehicle Repair Cases

A. Have You Suffered a Loss?
B. Can You Prove the Defendant's Negligence Caused Your Loss?

17. Motor Vehicle Purchase Cases

A. New Vehicles
B. Used Vehicle Dealers
C. Used Vehicles from Private Parties

18. Bad Debts: Initiating and Defending Cases in Which Money Is Owed

A. Small Claims Court Is a Good Place to Sue on Bad Debts
B. Who Should Appear in Court?
C. Bad Debt Cases From the Plaintiff's Point of View
D. Debt Cases From the Debtor's Point of View

19. Vehicle Accident Cases

A. Who Can Sue Whom?
B. Was There a Witness to the Accident?
C. Police Accident Reports
D. Determining Fault
E. Diagrams
F. Photos
G. Estimates
H. Your Demand Letter
I. Appearing in Court

20. Landlord-Tenant Cases

A. Security Deposit Cases
B. Unpaid Rent, Rent Withholding, and Other Money Damage Cases
C. Drug Dealing and Other Crimes
D. The Obnoxious Landlord
E. The Landlord's Right of Entry and the Tenant's Right of Privacy
F. Discrimination
G. Evictions

21. Miscellaneous Cases

A. Clothing (Alteration and Cleaning)
B. Dog-Related Cases
C. Damage to Real Estate (Land, Buildings, Etc.)
D. Police Brutality/False Arrest Cases
E. Defamation (Including Libel and Slander)
F. Internet Purchases

22. Disputes Between Small Businesses

A. Remember: You Didn't Always Hate Your Opponent
B. Organizing Your Case
C. The Drama of the Distraught Designer
D. Old Friends Fall Out

23. Judgment and Appeal

A. The Judgment
B. Installment Payments
C. Paying the Judgment Directly to the Court
D. File Satisfaction of Judgment After Payment
E. The Appeal

24. Collecting Your Money

A. The Timing of Collecting Your Money
B. How to Collect
C. If Installment Payments Aren't Made
D. Collecting a Judgment Against a Government Agency
E. Finding the Debtor's Assets
F. Levying on Wages, Bank Accounts, Business Assets, Personal Property, Etc.
G. Judgments Stemming From Auto Accidents
H. Creating Property Liens
I. Recovering Collection Costs and Interest
J. Renew Your Judgment

25. Legal Research

A. Local Laws
B. State Laws
C. Case Law

Appendix

Index

Back to Top