Author : Bob Sherman
What matters can be heard in small claims court?Typically, you take an individual or business to small claims court because they owe you money. They may owe you money because they damaged your property or possessions (often in auto accidents), or broke an agreement such as a lease or loan repayment plan. Businesses are typically taken to small claims court because products they sold or services they provided damaged your property or possessions, repairs were inadequate, products were defective or failed to perform as advertised.The maximum amount of money you can recover in a small claims court varies from state to state. Currently the maximum amount of money you can ask for ranges from $1,500 to $15,000. You can search online for your state's small claims court website by searching for a phrase like "Nevada small claims court" (use your own state name, of course).You should take a person or business to small claims court only after you have tried to resolve the dispute with them. Some states require that both parties appear before a mediator to attempt to agree on a resolution before hearing the case. Sometimes a neutral third party who listens to both sides can help you work out a solution. Up to 90% of cases about to be brought to a small claims court are resolved though mediation before actually appearing before a judge. If the matter cannot be resolved in good faith during mediation the case can be brought before the court.To start a small claims court case you contact the court clerk in the locality where the transaction occurred or where the defendant resides. The clerk will provide you with a complaint or affidavit form. You will provide the name of the individual or business you want to sue, the reasons why you want to sue, and the amount you seek. There is a fee for filing the small claims court affidavit. This fee typically includes the cost of serving the defendant (the person you are suing) with notice of the claim and the court date.The fee for filing your claim can often be included in the judgment amount should you win your case.In many states attorneys are not allowed in small claim courts. If either party to a small claims court action wants to be represented by an attorney in these states, the case is transferred to the district court. You can always consult an attorney outside of court to get the legal assistance and advice you need to prepare and present your case.In many small claims courts your case will be heard by a magistrate, commissioner or referee instead of a judge. This substitute for a judge is often an impartial attorney who will hear your case and render a decision.When you present your case in small claims court you should be well prepared. You should bring evidence and/or witnesses that support your side of the dispute. Evidence may include receipts, bills, contracts, warranties, advertisements, photos, diagrams, police reports or other documents.A small claims court case typically takes 10 or 15 minutes total. So you must be prepared to present your story and evidence quickly in a logical order. Start by introducing yourself and telling the judge briefly why you brought your case. Then begin to tell your story in chronological order.Your story should be focused on showing that the defendant has liability and caused damages. That is, you must show that the defendant is responsible to pay compensation for any damage you experience. And you must show the dollar amount of the damages you experienced.Your story should include details of your interaction with the defendant. Describe what you expected, what you received, and how much it cost to fix any problems that occurred. For example, if you claim that there was a breach of contract, you should be prepared to show that there was a contract, the contract was not fulfilled (there was a breach), and present evidence of costs you incurred to correct the breach. You may have documents that include a signed contract, photos that show the damage or lack of fulfillment of the contract, and bills you paid or estimates you received to repair the damage. Include brief descriptions of your interactions with the defendant in attempts to correct this matter.The defendant will also be able to present the other site of the case. There are always two sides to a dispute. And, it's the judge who must decided if your story and evidence are better than the defendant's.If your small claims court case goes well, you will be awarded a money judgment. You will be pretty happy with the decision and expect to be paid by the defendant.Often the defendant will agree to pay you immediately or agree to some payment schedule. If you receive your money you should consider yourself happy. Often small claims court defendants simply don't pay. It is estimated that nearly 90% of defendants do not pay the complete amount of the judgment.If you do not receive the money owed you, there are options to get the court to help enforce your judgment. You can file additional forms with the clerk to have the defendant's wages or bank accounts garnsihed or property seized for auction, or a lien placed on their real estate. Of course, you need to identify where the defendant works, their bank accounts, the property to be seized or their real estate. If this is now your interest, you'll need to investigate the topic of judgment recovery.Bob Sherman is the owner of http://www.bobshermancredit.com/ a website with information about credit, debt, and building wealth.
Keyword : small,claims,court,case
สมัครสมาชิก:
ส่งความคิดเห็น (Atom)
ไม่มีความคิดเห็น:
แสดงความคิดเห็น