Everybody's guide to small claims court

Your small claims court companion

Basics of small claims court. Why use small claims court? ; Will small claims work for you? ; How to use this book

Do you have a good case? Stating your claim ; But is my case any good? ; Breach of contract cases ; Property damage cases ; Personal injury (and mental distress) cases ; Defective product cases ; Breach of warranty cases ; Professional malpractice cases ; Nuisance cases

Can you collect your money if you win?

How much can you sue for? Cutting your claim to fit the limit ; Splitting your case ; Calculating the amount of your claim ; Equitable relief (or, money can't always solve the problem)

When should you sue? Statute of limitations ; Calculating the statute of limitations ; What if the statute of limitations has run?

Settling your dispute. Negotiation ; Mediation ; Formal demand letters ; Get your settlement in writing (a release) ; Last minute agreements

Who can sue? Married couples ; Sole proprietorships ; Business partnerships ; Corporations ; Limited liability companies ; Nonprofits and unincorporated associations ; Motor vehicle claims ; Government agencies ; Special rules for prisoners and military personnel ; Suits by minors ; Class actions (group lawsuits) ; Participation by attorneys and bill collectors

Suing different kinds of defendants. One person ; Two or more people ; Individually owned businesses ; Partnerships ; Corporations and limited liability companies (LLCs) ; Motor vehicle accident cases ; How to sue minors ; How to sue government agencies ; A deceased person's estate

Where can you sue? Out-of-state defendants ; Defendants in your state ; If you are sued in the wrong court

Filing fees, court papers, and court dates. How much does it cost? ; Filing your lawsuit ; The defendant's forms ; Jury trials ; Your court date

Serving your papers. Who must be served ; Where can papers be served? ; Serving an individual ; Serving a business ; How to serve a government agency ; Time limits for serving a claim ; Proof of service

letting the court know ; Serving a defendant's claim ; Serving subpoenas ; Costs of service

The defendant's options. If you are not properly served ; If you are sued in the wrong court ; If the statute of limitations has expired ; Try to compromise ; Try to mediate ; If you have no defense ; Paying in installments ; If you, not the plaintiff, were wronged

file a defendant's claim ; Transferring your case to formal court ; Fight back

Getting ready for court. Using a private lawyer ; Consider mediation

again ; Be prepared ; Getting to the courthouse ; The courtroom ; The judge or commissioner ; Your courtroom strategy ; Organize your testimony and evidence

Witnesses. What makes a good witness ; How to subpoena witnesses ; How to subpoena police and other peace officers ; How to subpoena documents ; Witness testimony by letter ; Judges as witnesses ; Testimony by telephone

Your day in court. If the defendant is a no-show ; If the plaintiff is a no-show ; Your day in court ; Recovering costs ; A sample contested case

Motor vehicle repair cases. Do you have a case? ; Prepare for court ; Appearing in court

Motor vehicle purchase cases. New vehicles ; Used vehicles from dealers ; Used vehicles from private parties

Bad debts : initiating and defending cases. Who should appear in court? ; From the plaintiff's point of view ; From the debtor's point of view

Vehicle accident cases. Who can sue whom? ; Was there a witness? ; Police accident reports ; Determining fault ; Diagrams ; Photos ; Estimates ; Your demand letter ; Appearing in court

Landlord-tenant case. Security deposit cases ; Unpaid rent and former tenants ; Former tenants' defenses to unpaid rent ; Drug dealing and other crimes ; The obnoxious landlord ; The landlord's right of entry and the tenant's right of privacy ; Discrimination ; Evictions for nonpayment of rent

Miscellaneous cases. Clothing (alteration and cleaning) ; Dog-related cases ; Damage to real estate (land and buildings) ; Police brutality ; Defamation ; Internet transactions

Disputes between small businesses. Remember : you didn't always hate the other guy ; Organizing your case ; A case study

proving a contract exists ; A case study

personal services contract

Judgment and appeal. The judgment ; Paying the judgment ; Satisfaction of judgment ; The appeal

Collecting your money. The timing of collecting your money ; How to collect ; Installment payments ; Judgments against government agencies ; Finding the debtor's assets ; Levying on wages, bank accounts, and other property ; Judgments from auto accidents ; Property liens ; Collection costs ; Renew your judgment

Legal research. Local laws ; State laws ; Case law

Appendixes. A, Small claims court rules for the 50 states (and the District of Columbia) ; B, Legal jargon for small claims court.

In the beginning

Do you have a good case?

Can you collect your money if you win?

How much can you sue for?

When should you sue?

Settling your dispute

Who can sue?

Suing different kinds of defendants

Where can you sue?

Filing fees, court papers, and court dates

Serving your papers

The defendant's options

Getting ready for court

Witnesses

Your day in court

Motor vehicle repair cases

Motor vehicle purchase cases

Bad debts : initiating and defending cases

Vehicle accident cases

Landlord-tenant cases

Miscellaneous cases

Disputes between small businesses

Judgment and appeal

Collecting your money

Legal research.

In the beginning

Do you have a good case?

Can you collect your money if you win?

How much should you sue for?

When should you sue?

Settling your dispute

Who can sue?

Suing different kinds of defendants

Where can you sue?

Filing fees, court papers, and court dates

Serving your papers

The defendant's options

Getting ready for court

Witnesses

Your day in court

Motor vehicle repair cases

Motor vehicle purchase cases

Bad debts : initiating and defending cases

Vehicle accident cases

Landlord-tenant case

Miscellaneous cases

Disputes between small businesses

Judgment and appeal

Collecting your money

Legal research.

In the beginning

Do you have a good case?

Can you collect your money if you win?

How much can you sue for?

When can you sue?

How to settle your dispute

Who can sue?

Who can be sued?

Where can you sue?

Plaintiff's and defendant's filing fees, court papers, and court dates

Serving your papers

The defendant's options

Getting ready for court

Witnesses

Your day in court

Motor vehicle repair cases

Motor vehicle purchase cases

Bad debts : initiating and defending cases in which money is owed

Vehicle accident cases

Landlord-tenant case

Miscellaneous cases

Disputes between small businesses

Judgment and appeal

Collecting your money

Legal research.

In the beginning

Do you have a good case?

Can you collect your money if you win?

How much can you sue for?

When can you sue?

How to settle your dispute

Who can sue?

Who can be sued?

Where can you sue?

Plaintiff's and defendant's filing fees, court papers, and court dates

Serving your papers

The defendant's options

Getting ready for court

Witnesses

Your day in court

Motor vehicle repair cases

Motor vehicle purchase cases

Bad debts: initiating and defending cases in which money is owed

Vehicle accident cases

Landlord-tenant cases

Miscellaneous cases

Disputes between small businesses

Judgment and appeal

Collecting your money

Legal research.

In the beginning

Do you have a good case?

Can you recover if you win?

How much could you sue for?

Is the suit brought within the proper time limit (statute of limitations)?

How to settle your dispute

Mediate your dispute

Who can sue?

Who can be sued?

Where can you sue?

Plaintiffs' and defendans' filing fees, court papers, and court dates

Serving your papers

The defendant's options

Getting ready for court

Eye and expert witnesses

Presenting your case to the judge

Motor vehicle repair cases

Motor vehicle purchase cases

Bad debt cases

Vehicle accident cases

Landlord-tenant cases

Miscellaneous cases

Disputes between small businesses

Judgment and appeal

Collecting your money

Appendix: small claims court rules for the 50 states (and the District of Columbia).