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.

Lawsuits should be a last, not a first, resort. In addition to being time-consuming and emotionally draining, lawsuits -- even the small claims variety -- tend to polarize disagreements into win-all or lose-all propositions where compromise is difficult. It's not hard to understand how this happens. Most of us, after all, are terrified of making fools of ourselves in front of strangers. When forced to defend our actions in a public forum, we tend to adopt a self-righteous view of our own conduct and to attribute the worst motives to our opponents. Many of us are willing to admit in private that we have been a bit of a fool -- especially if the other person does, too -- but in public, we tend to stonewall, even when it would be to our advantage to appear a little more fallible. In most states, you are required to at least ask for the money owed you before filing a small claims lawsuit. For example, in California the form you fill out to start a small claims lawsuit states, "You must ask the Defendant (in person, in writing, or by phone) to pay you before you sue. Have you done this? If no, explain why not." Although I am a strong advocate of resolving disputes in small claims court, I have nevertheless witnessed many otherwise sensible people litigate cases that never should have been filed in the first place. In some instances, the amount of money was too small to bother with. In others, the problem should have been talked out over the back fence. And there were some situations in which the practical importance of maintaining civil personal or business relationships between the parties made it silly to go to court over a few hundred or even thousands of dollars. Let me make this last point in a slightly different way: It is almost always wise to first look for a non-court solution when the other party is someone you'll have to deal with in the future. Typically, this would include a neighbor, a former friend, or a relative. Similarly, a business owner will almost always benefit by working out a compromise settlement with another established local business, long-term customer, or client. For example, an orthodontist who depends on referrals for most new customers should think twice before suing a patient who has refused to pay a bill in a situation where the patient is genuinely upset (whether rightly or wrongly) about the services she received. Even if the orthodontist wins in court, he is likely to turn the former patient into a vocal enemy -- one who may literally badmouth him from one end of town to the other and in the end cost him a lot more than he won in court. A. Try to Talk Out Your Dispute It is rarely a waste of time to try to negotiate a compromise with the other party. Indeed, many states all but require you to make the attempt. For tips on writing demand letters, see Section C, below. But, first things first. Before you reach for pen and paper, try to talk to the person with whom you are having the dispute. The wisdom of trying to talk out a dispute may seem obvious. But apparently it isn't, since I am frequently consulted by someone with an "insurmountable dispute" who has never once tried to calmly discuss it with the other party. I suspect the reason for this is that many of us have a strong psychological barrier to contacting people we are mad at, especially if we have already exchanged heated words. If you fall into this category, perhaps it will be easier to pick up the phone if you remind yourself that a willingness to compromise is not a sign of weakness. After all, it was Winston Churchill, one of the 20th century's greatest warriors, who said, "I would rather jaw, jaw, jaw than war, war, war."

 

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

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 13. Getting Ready for Court 14. Witnesses 15. Your Day in Court 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. Legal Research Appendix Index

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

 

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

 

"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."

 

Ralph "Jake" Warner stepped aside as day-to-day manager of Nolo in 2004, after 32 years as president of the company. Widely regarded as a pioneer of the self-help 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, 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 chairman of Nolo's board of directors. He has also embarked on a new business venture: TallTales Audio, an audio book production company devloted to children's storytelling, online and on CD. In guiding Nolo, perhaps the greatest challenge Warner faced was an attack by the Texas legal establishment in 1998. Texas lawyers tried to brand Nolo as practicing law without a license. The ensuing battle galvanized Nolo, whose final victory has become part of Nolo legend.

 

Everybody's Guide to Small Claims Court by Ralph Warner
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