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Everybody's Guide to Small Claims Court » (9TH)

Book cover image of Everybody's Guide to Small Claims Court by Ralph Warner

Authors: Ralph Warner, Ralph Warner, Linda Allison
ISBN-13: 9780873378659, ISBN-10: 0873378652
Format: Paperback
Publisher: NOLO
Date Published: January 2003
Edition: 9TH

Author Biography: Ralph Warner

Ralph "Jake" Warner, after a brief hiatus from day-to-day management, is back in the driver's seat at Nolo. Widely recognized as a pioneer of the do-it-yourself law movement, Warner founded Nolo with Ed Sherman in 1972. He began publishing do-it-yourself law books written by him and his colleagues after numerous publishers rejected them. When personal computers came along, he added software to many Nolo books. When the Internet arrived, he pioneered online marketing of books. In addition to running the company for much of the past three decades, Warner was an active editor and author. He wrote many books, including Get a Life: You Don't Need a Million to Retire Well and How to Run a Thriving Business. Today, he serves as chief executive officer as well as chairman of Nolo's board of directors. During a three-year break earlier this decade, Warner embarked on a new business venture: TallTales Audio, an audio book production company devoted to children's storytelling, online and on CD. Warner holds a law degree from Boalt Hall School of Law at the University of California at Berkeley and an undergraduate degree from Princeton.

Book Synopsis

All the tools and information you need to successfully present and win your case in small claims court.

The only guide to Small Claims Court that provides tips by former judges, Everybody's Guide to Small Claims Court helps you bring or defend your small claims suit without a lawyer. This legal primer shows you how to build your case, present evidence, and covers in detail what to expect when you have personal injury, auto damage, dry cleaning damage, or landlord/tenant issues.

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

The 13th edition is completely updated with a current appendix of small claims rules and limits, an expanded discussion of mediation, and more advice from real judges and commissioners.

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.

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

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