Can you collect your money if you win? -- 3. In the beginning -- First things -- Things to think about before initiating or defending your case -- Legal jargon defined -- How to use this book -- 2. Do you have a good case? -- Stating your claim on your court papers -- But is my case really any good? -- How to approach a breach of contract case -- How to approach a property damage case -- How to approach a personal injury (and mental distress) case -- How to approach a case when you are injured by a defective product -- How to approach a breach of warranty case -- How to approach a professional malpractice case -- How to approach a nuisance case -- 3. Can you collect your money if you win? -- 7. Participation by attorneys and bill collectors -- Cutting down a claim to fit under the limit -- Splitting small claims court cases -- How to calculate the exact amount of your claim -- Equitable relief (or, Money can't always solve the problem) -- 5. When can you sue? -- Statute of limitations periods -- Calculating the statute of limitations -- Defendant should tell the judge if the statute of limitations has run out -- 6. How to settle your dispute -- Try to talk out your dispute -- Mediate your dispute -- Write a formal demand letter -- Write down the terms of any settlement -- Agreement just before court hearing -- 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 transferred out of state -- Suits by minors -- Class actions (group lawsuits) -- Participation by attorneys and bill collectors -- 11. Costs of service -- How to sue one person -- How to sue two or more people -- HOw to sue an individually owned business -- How to sue a partnership -- How to sue a corporation or limited liability company (LLC) -- How to name defendants in a motor vehicle accident case -- How to sue minors -- How to sue government agencies -- How to sue the estates of deceased people -- 9. Where can you sue? -- Where to sue out-of-state defendants -- Where to sue defendants in your state -- What happens if you are sued in the wrong small claims court? -- 10. Plaintiff's and defendant's filing fees, court papers, and court dates -- How much does it cost? -- Filling out your court papers and getting your court date -- The defendant's forms -- Jury trials -- Changing a court date -- 11. Serving your papers -- Who must be served -- Where can papers be served? -- How to serve an individual -- How to serve papers on a business -- How to serve a government agency -- Time limits in which the plaintiff's claim must be served -- How to notify the court that service has been accomplished ("Proof of service") -- How and when to serve a defendant's claim -- How and when to serve subpoenas -- Costs of service -- 13. Organizing your testimony and evidence -- Claim that you weren't properly served with court papers -- Claim you were sued in the wrong small claims court -- Claim you were sued after the statute of limitations expired -- You have a partial defense - try to compromise -- You want to avoid conflict - try to compromise -- You have absolutely no defense -- You want to pay the plaintiff in installments -- If you, not the plaintiff, were wronged - file a defendant's claim -- Have your case transferred to formal court -- Fight back -- 13. Getting ready for court -- Getting help from a private lawyer -- Mediation -- Practice, practice, practice -- Getting to the courthouse -- Court times -- Understanding the courtroom and basic procedure -- Dealing with your opponent -- Dealing with the judge or commissioner -- Organizing your testimony and evidence -- 18. Debt cases from the debtor's point of view -- Who makes a good witness -- Subpoenaing witnesses -- Subpoenaing police officers -- Subpoenaing documents -- Witness testimony by letter -- Judges as witnesses -- Testimony by telephone -- 15. Your day in court -- If your opponent doesn't show up -- Contested cases -- A sample contested case -- Don't forget to ask for your costs -- 16. Motor vehicle repair cases -- Have you suffered a loss? -- Can you prove the defendant's negligence caused your loss? -- 17. Motor vehicle purchase cases -- New vehicles -- Used vehicle dealers -- Used vehicles from private parties -- 18. Bad debts : initiating and defending cases in which money is owed -- Small claims court is a good place to sue on bad debts -- Who should appear in court? -- Bad debt cases from the plaintiff's point of view -- Debt cases from the debtor's point of view -- The Old friends fall out -- Who can sue whom? -- Was there a witness to the accident? -- Police accident reports -- Determining fault -- Diagrams -- Photos -- Estimates -- Your demand letter -- Appearing in court -- 20. Landlord-tenant case -- Security deposit cases -- Unpaid rent, rent withholding, and other money damage cases -- Drug dealing and other crimes -- The obnoxious landlord -- The landlord's right of entry and the tenant;s right of privacy -- Discrimination -- Evictions -- 21. Miscellaneous cases -- Clothing (altering and cleaning) -- Dog-related cases -- Damage to real estate (land, buildings, and so on) -- Police brutality/false arrest cases -- Defamation -- Internet purchases -- 22. Disputes between small businesses -- Remember : you didn't always hate the other guy -- Organizing your case -- The drama of the distraught designer -- Old friends fall out -- 25. Index. The judgment -- Installment payments -- Paying the judgment directly to the court -- File satisfaction of judgment after payment -- The appeal -- 24. Collecting your money -- The timing of collecting your money -- How to collect -- If installment payments aren't made -- Collecting a judgment against a government agency -- Finding the debtor's assets -- Levying on wages, bank accounts, business assets, and personal property -- Judgments stemming from auto accidents -- Creating property liens -- Recovering collection costs and interest -- Renew your judgment -- 25. Legal research -- Local laws -- State laws -- Case law -- Appendix : Small claims court rules for the 50 states (and the District of Columbia) -- Index.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.