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07814cam a2200445 a 4500 001 B3BBF0562B1111DE9FAE8B08A8D7520A 003 SILO 005 20181009010727 008 070919s2008 cau 001 0 eng 010 $a 2007038828 020 $a 1413307620 (pbk.) 020 $a 9781413307627 (pbk.) 040 $a DLC $c DLC $d SILO $d YDXCP $d BAKER $d BTCTA $d WIQ $d BWX $d NOR $d UIB $d SILO 043 $a n-us--- 050 00 $a KF8769 $b .W37 2008 082 00 $a 347.73/28 $2 22 100 1 $a Warner, Ralph E. 245 1 $a Everybody's guide to small claims court / $c by Ralph Warner and Emily Doskow. 250 $a 12th ed. 260 $a Berkeley, CA : $b Nolo, $c 2008. 300 $a 500 p. ; $c 23 cm. 500 $a Includes index. 505 00 $t Can you collect your money if you win? -- $g 3. $t In the beginning -- $t First things -- $t Things to think about before initiating or defending your case -- $t Legal jargon defined -- $t How to use this book -- $g 2. $t Do you have a good case? -- $t Stating your claim on your court papers -- $t But is my case really any good? -- $t How to approach a breach of contract case -- $t How to approach a property damage case -- $t How to approach a personal injury (and mental distress) case -- $t How to approach a case when you are injured by a defective product -- $t How to approach a breach of warranty case -- $t How to approach a professional malpractice case -- $t How to approach a nuisance case -- $g 3. $t Can you collect your money if you win? -- 505 00 $g 7. $t Participation by attorneys and bill collectors -- $t Cutting down a claim to fit under the limit -- $t Splitting small claims court cases -- $t How to calculate the exact amount of your claim -- $t Equitable relief (or, Money can't always solve the problem) -- $g 5. $t When can you sue? -- $t Statute of limitations periods -- $t Calculating the statute of limitations -- $t Defendant should tell the judge if the statute of limitations has run out -- $g 6. $t How to settle your dispute -- $t Try to talk out your dispute -- $t Mediate your dispute -- $t Write a formal demand letter -- $t Write down the terms of any settlement -- $t Agreement just before court hearing -- $g 7. $t Who can sue? -- $t Married couples -- $t Sole proprietorships -- $t Business partnerships -- $t Corporations -- $t LImited liability companies -- $t Nonprofits and unincorporated associations -- $t Motor vehicle claims -- $t Government agencies -- $t Special rules for prisoners and military personnel transferred out of state -- $t Suits by minors -- $t Class actions (group lawsuits) -- $t Participation by attorneys and bill collectors -- 505 00 $g 11. $t Costs of service -- $t How to sue one person -- $t How to sue two or more people -- $t HOw to sue an individually owned business -- $t How to sue a partnership -- $t How to sue a corporation or limited liability company (LLC) -- $t How to name defendants in a motor vehicle accident case -- $t How to sue minors -- $t How to sue government agencies -- $t How to sue the estates of deceased people -- $g 9. $t Where can you sue? -- $t Where to sue out-of-state defendants -- $t Where to sue defendants in your state -- $t What happens if you are sued in the wrong small claims court? -- $g 10. $t Plaintiff's and defendant's filing fees, court papers, and court dates -- $t How much does it cost? -- $t Filling out your court papers and getting your court date -- $g The $t defendant's forms -- $t Jury trials -- $t Changing a court date -- $g 11. $t Serving your papers -- $t Who must be served -- $t Where can papers be served? -- $t How to serve an individual -- $t How to serve papers on a business -- $t How to serve a government agency -- $t Time limits in which the plaintiff's claim must be served -- $t How to notify the court that service has been accomplished ("Proof of service") -- $t How and when to serve a defendant's claim -- $t How and when to serve subpoenas -- $t Costs of service -- 505 00 $g 13. $t Organizing your testimony and evidence -- $t Claim that you weren't properly served with court papers -- $t Claim you were sued in the wrong small claims court -- $t Claim you were sued after the statute of limitations expired -- $t You have a partial defense - try to compromise -- $t You want to avoid conflict - try to compromise -- $t You have absolutely no defense -- $t You want to pay the plaintiff in installments -- $t If you, not the plaintiff, were wronged - file a defendant's claim -- $t Have your case transferred to formal court -- $t Fight back -- $g 13. $t Getting ready for court -- $t Getting help from a private lawyer -- $t Mediation -- $t Practice, practice, practice -- $t Getting to the courthouse -- $t Court times -- $t Understanding the courtroom and basic procedure -- $t Dealing with your opponent -- $t Dealing with the judge or commissioner -- $t Organizing your testimony and evidence -- 505 00 $g 18. $t Debt cases from the debtor's point of view -- $t Who makes a good witness -- $t Subpoenaing witnesses -- $t Subpoenaing police officers -- $t Subpoenaing documents -- $t Witness testimony by letter -- $t Judges as witnesses -- $t Testimony by telephone -- $g 15. $t Your day in court -- $t If your opponent doesn't show up -- $t Contested cases -- $g A $t sample contested case -- $t Don't forget to ask for your costs -- $g 16. $t Motor vehicle repair cases -- $t Have you suffered a loss? -- $t Can you prove the defendant's negligence caused your loss? -- $g 17. $t Motor vehicle purchase cases -- $t New vehicles -- $t Used vehicle dealers -- $t Used vehicles from private parties -- $g 18. $t Bad debts : initiating and defending cases in which money is owed -- $t Small claims court is a good place to sue on bad debts -- $t Who should appear in court? -- $t Bad debt cases from the plaintiff's point of view -- $t Debt cases from the debtor's point of view -- 505 00 $g The $t Old friends fall out -- $t Who can sue whom? -- $t Was there a witness to the accident? -- $t Police accident reports -- $t Determining fault -- $t Diagrams -- $t Photos -- $t Estimates -- $t Your demand letter -- $t Appearing in court -- $g 20. $t Landlord-tenant case -- $t Security deposit cases -- $t Unpaid rent, rent withholding, and other money damage cases -- $t Drug dealing and other crimes -- $g The $t obnoxious landlord -- $g The $t landlord's right of entry and the tenant;s right of privacy -- $t Discrimination -- $t Evictions -- $g 21. $t Miscellaneous cases -- $t Clothing (altering and cleaning) -- $t Dog-related cases -- $t Damage to real estate (land, buildings, and so on) -- $t Police brutality/false arrest cases -- $t Defamation -- $t Internet purchases -- $g 22. $t Disputes between small businesses -- $t Remember : you didn't always hate the other guy -- $t Organizing your case -- $g The $t drama of the distraught designer -- $t Old friends fall out -- 505 00 $g 25. $t Index. $g The $t judgment -- $t Installment payments -- $t Paying the judgment directly to the court -- $t File satisfaction of judgment after payment -- $g The $t appeal -- $g 24. $t Collecting your money -- $g The $t timing of collecting your money -- $t How to collect -- $t If installment payments aren't made -- $t Collecting a judgment against a government agency -- $t Finding the debtor's assets -- $t Levying on wages, bank accounts, business assets, and personal property -- $t Judgments stemming from auto accidents -- $t Creating property liens -- $t Recovering collection costs and interest -- $t Renew your judgment -- $g 25. $t Legal research -- $t Local laws -- $t State laws -- $t Case law -- $t Appendix : Small claims court rules for the 50 states (and the District of Columbia) -- $t Index. 650 0 $a Small claims courts $z United States $v Popular works. 700 1 $a Doskow, Emily. 941 $a 6 952 $l KAPF566 $d 20230331011827.0 952 $l WAPD715 $d 20210924012620.0 952 $l CEAX572 $d 20200508014539.0 952 $l RZPE145 $d 20140619012314.0 952 $l UQAX771 $d 20090708133753.0 952 $l N3AX771 $d 20090708133753.0 956 $a http://locator.silo.lib.ia.us/search.cgi?index_0=id&term_0=B3BBF0562B1111DE9FAE8B08A8D7520A 994 $a 02 $b UIBInitiate Another SILO Locator Search