Everybody's guide to small claims court

Cover
Title Page
Table of Contents
Your Small Claims Court Companion
1: Basics of Small Claims Court
	Why Use Small Claims Court?
	Will Small Claims Work for You?
	How to Use This Book
2: 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
3: Can You Collect Your Money If You Win?
4: How Much Can You Sue For?
	Cutting Your Claim to Fit the Limit
	Calculating the Amount of Your Claim
	Equitable Relief (or, Money Can’t Always Solve the Problem)
5: When Should You Sue?
	Statute of Limitations
	Calculating the Statute of Limitations
	What If the Statute of Limitations Has Run?
6: Settling Your Dispute
	Negotiation
	Mediation
	Formal Demand Letters
	Get Your Settlement in Writing (a Release)
	Last Minute Agreements
7: 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
8: 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
9: Where Can You Sue?
	Out-of-State Defendants
	Defendants in Your State
	If You Are Sued in the Wrong Court
10: Filing Fees, Court Papers, and Court Dates
	How Much Does It Cost?
	Filing Your Lawsuit
	The Defendant’s Forms
	Jury Trials
	Your Court Date
11: 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
12: 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 a Higher Court
	Fight Back
13: 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
14: 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
15: 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
16: Motor Vehicle Repair Cases
	Do You Have a Case?
	Prepare for Court
	Appearing in Court
17: Motor Vehicle Purchase Cases
	New Vehicles
	Used Vehicles From Dealers
	Used Vehicles From Private Parties
18: 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
19: 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
20: Landlord-Tenant Cases
	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
21: Miscellaneous Cases
	Clothing (Alteration and Cleaning)
	Dog-Related Cases
	Damage to Real Estate (Land and Buildings)
	Police Brutality
	Defamation
	Internet Transactions
22: 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
23: Judgment and Appeal
	The Judgment
	Paying the Judgment
	Satisfaction of Judgment
	The Appeal
24: 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
25: Legal Research
	Local Laws
	State Laws
	Case Law
Appendix A: Small Claims Court Rules for the 50 States (and the District of Columbia)
Appendix B: Legal Jargon for Small Claims Court
Index
Book Registration and Updates