7 Steps for Taking Your Small Claims Case to Court
Your guide to having a more successful outcome overall. Before you decide to sue another person, it’s important to try to resolve the issue as amicably as possible. If you don’t need to involve the court system, you won’t be forced to pay for filing fees, court costs, and a lawyer. You can approach it in two different ways. The first is to send a demand letter, and the second is to try mediation. The seven steps necessary for taking your small claims case to court, according to the California Courts are: Naming the Defendant. This step refers to the person or business that owes you money.Asking for the Money Due to You. If the Defendant doesn’t handle the request in a reasonable amount of time, going to small claims court may be the right option for you.Discovering a Court That Will Hear Your Claim. You won’t need to spend an extensive amount of time locating a judge to hear your case because Ace Small Claims Service helps you with this step.Filling Out Forms for Court. When you provide your information to us, we fill out all the necessary paperwork, so you don’t need to.Filing a Claim to Be Heard by a Judge. Paying for our service ensures that we’re the ones standing in line to file your claim, not you.Having a Claim Served to the Defendant. This step occurs when the person you’re suing gets notice of the lawsuit.Going to Court When You’re Ordered to Do So. The court sets a time and date for your trial, which you’re required to be present for throughout the proceeding. Going through the hassle of filling out paperwork and standing in line to file it is unnecessary. With Ace Small Claims Service, you’re not required to do either task. We do it for you, so you can better spend your time preparing for your case. Contacting us by phone allows us to discuss the process and flat fee we charge for helping you with your request. By the time we finish our part of the agreement, all you need to do is show up at the scheduled time and date dictated by the...
Read MoreDon’t Procrastinate Filing Your Small Claims Case
If you have a case that you want to take to small claims court, it is important that you file it as soon as reasonably possible. Why? Because there is a time limit for filing! Aside from filing as soon as possible to get to the end of a matter, there are also legal reasons to go to small claims court before it is too late. Statute of Limitations Each state places limitations on how late is too late to sue another party. This limit is a hard and fast legal rule and is referred to as the Statute of Limitations. If Bob chooses to sue John, the statute of limitations for him is three years, which means that Bob needs to file his lawsuit within that time frame. But the timetable isn’t always black and white. Some types of cases or claims asserted in lawsuits may be under a different statute of limitations period. For example, a case for personal inquiry may be under a shorter statute of limitations period than a case for a breach of contracts. Other circumstances may also delay or extend the start of the time period, such as if it is difficult to obtain information from a party who is incapacitated for a time so they cannot sue or be sued. Other Considerations Typically a statute of limitations is a firm rule, so it is advised that you try to keep that timetable in mind. But there are also other practical considerations when it comes to choosing when to go to small claims court. You may need time to gather witnesses or documentation, such as a lease or contract. You may also need time to determine if you even have a case and what you should do next. You might also be able to resolve the matter with the opposing party outside of a courtroom. Sometimes just the threat of a lawsuit brings about results. If you do have a case, it is important that you file it before the statute of limitations expires as courtrooms do not look favorably on cases filed after the...
Read More3 Mistakes to Avoid in Small Claims Court
If you have to go to small claims court, you are going with one objective in mind: to win. Although there are steps you can take to increase the chances that you will do just that, there are also some blunders you could make that have the capability of costing you points in the courtroom. Below are some of the most common and damaging mistakes made in small claims court. Failing to Adequately Prepare This is probably the most obvious mistake one can make in small claims court. Failing to take the time to properly prepare for your case can cost you. Information often helps win a case. It is important you have the appropriate information ready before you even file a lawsuit to prevent your case from bouncing. Be sure you have the correct names, dates, addresses, and any other details necessary to support your claim. Assuming the Judge Already Knows About Your Case You know what happened to you and why you are heading to small claims court in the first place in an attempt to have justice served. You also know what it is you need to prove. But you need more than just that. You need to be able to articulate it to the judge in a way that helps him understand the situation so he can make a ruling that supports your position. Rambling on about the details without focus is a good way to turn the judge from you and can create confusion. Deciding Against Using a Lawyer Lawyers help people on a regular basis. There is wisdom in talking with one about the ins and outs of court before you step foot in the courtroom. A lawyer not only can help to represent you but can help you to prep for trial. Failing to consult a lawyer can be a terrible mistake when it comes to winning your court case. Some small claims courts may not allow you to be represented by counsel but you can still speak to one before you file your claim. Do not be rash and jump right into the option of pursuing a case in small claims court without being well prepared...
Read MoreFiling and Presenting Your Small Claims Appeal
If your small claims ruling was not in your favor and you feel the judgement was wrong, you can file a small claims appeal. Below are some tips on how to file and present your appeal. It is important to know that the rules that cover small claims appeals may vary from state to state. Because of this, the first thing you should do is obtain a copy of your state’s small claims appeal rules and familiarize yourself with them. File Promptly All states require appeals to be filed promptly, typically within 10 to 30 days. In some states, you need to file a notice of appeal within 30 days after the judgement has been mailed to you by the court clerk. This means that if the decision was mailed to you, you have less than 30 days to file once you have received the documents. Fees Appeal fees are often higher than the initial filing fee. You may be required to post a cash bond in your state to cover the amount of the judgement, should you lose. Do You Need a Lawyer? You are entitled to have a lawyer represent you in the appeals court, but it may not be cost efficient to hire one considering how much you already have to pay to appeal. Weigh the pros and cons and know that you do not need a lawyer to make a good impression at an appeal. Simply be prepared and respectful and you can make just as impressive a showing at your appeal. Presenting Your Appeal Give careful thought to any improvement your presentation can benefit from. This is sage advice for both sides of the judgement but especially true to the person who lost previously. Ask yourself if the judge decided against you because you presented poorly or perhaps because your statements were not backed up with evidence. If the answer to either is yes, you may need to do a little more work. If you are feeling the pre-case jitters, try to calm yourself and be prepared. You may want to read Represent Yourself in Court: How to Prepare & Try a Winning Case by Paul Bergman. And know that if you do not understand something during the appeal process, you are allowed to politely ask the judge for an...
Read MoreHow Small Claims Court Judgments Affect Your Credit
Some of the things that are included in your credit report are small claims court judgments against you. Information on civil judgments can be collected by credit bureaus and may have significant negative effects on your credit report. The judgments may remain in your credit report for up to seven years after the judgment and not the date of the debt. Public Information Courts are not generally required to report small claims judgments to credit bureaus. However, civil judgments are considered public documents that can be accessed by individuals or organizations. Credit bureaus usually assemble data on small claims on their own. Unfortunately, debtors must update their records to prove that their debts were paid. Although a paid judgment still has negative effects on your credit report, it is much better than an unpaid one. Credit Report Damage Small claims judgments have multiple negative effects on credit reports. While this is true, civil judgments can have some of the worst negative effects on your credit file. In addition, the effects of a civil judgment can be more damaging if the lawsuit and judgment was the result of a delinquent credit account. If the debtor does not appear at trial date, the court would enter a default judgment on the debtor’s records. Default judgments have the worst negative effects on your credit because they give the impression that you did not even bother to attend a trial. Statute of Limitations Statutes of limitations play important roles in small claims actions, or even the avoidance of such claims. Unfortunately, statutes of limitations can be quite long ranging from 12 to 20 years. In some cases, the SOL can even be renewed restarting the clock all over again. It is important to research the statute of limitations for your state, especially when sued for an old debt. If your suit is initiated after the expiry date, you can inform the court and have the case...
Read MoreGet Your Security Deposit Back in Small Claims Court
Get the money back that is owed to you. You have decided to move and are dealing with what seems to be a landlord from you-know-where, who evidently has no intentions of returning your security deposit. He claims that he is entitled to keep the money to repair damages you did to the property, although you know you left the place in no worse condition than it was when you found it (and maybe even improved it somewhat out of your own pocket). What do you do now? Getting Your Deposit Back with Small Claims Court Security deposit disputes are one of the most common issues in small claims court. To file a claim, you need to formally file your complaint with the court. States do issue a statute of limitations, or a time limit, so it is important that you check with your state to determine how long you have to file. If you are in the same state your former landlord and property you rented, you can file in the district closest to your landlord’s home or in the court closest to the property you rented. Some states may have different filing rules so you may want to contact a local small claims clerk for more details. You also need to prepare for your side of the case. You should write down why you are suing the landlord. It can be a small paragraph, explaining to the judge your case while telling him your side of the story. It will do you well to investigate the local law of security deposits so you can determine what you are entitled to and so you can explain what your landlord did wrong. Be sure to include the legal name and a recent address for the landlord. Once you turn everything in, you will receive a trial date and case number. The other party will also receive a notice from the court or mail, or you can have the papers served by a process server for an extra fee. When it is time to step into court, be sure you have as much evidence as possible to back up what you say to the judge. Explain why you are entitled to receive your deposit back and share any documents you have to solidify your side, to increase your chances of receiving your monies due to...
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