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Tables of Contents for Everybody''s Guide to Small Claims Court
Chapter/Section Title
Page #
Page Count
Introduction
In the Beginning
First Things
1
2
Checklist of Things to Think About Before Initiating or Defending Your Case
3
3
Legal Jargon Defined
6
5
Legal Research
11
 
Do You Have a Good Case?
Stating Your Legal Claim in Court Papers
2
1
But Is My Case Really Any Good?
3
3
How to Approach a Breach of Contract Case
6
7
How to Approach a Breach of Warranty Case
13
2
How to Approach a Case When Your Property Has Been Damaged by the Negligent or Intentional Acts of Someone Else
15
4
How to Approach a Personal Injury (and Mental Distress) Case
19
2
How to Approach a Case When You Are Injured by a Defective Product (Doctrine of Strict Liability)
21
1
How to Approach a Case When Your Rights Under State Law Have Been Breached
21
2
Professional Malpractice
23
1
How to Prove a Nuisance Case
24
 
Can You Recover If You Win?
How Much Can You Sue For?
Cutting Down a Claim That's Over the Limit to Fit Into Small Claims Court
2
1
Splitting Small Claims Court Cases
2
2
How to Compute the Exact Amount of Your Claim
4
10
Computing an Exact Amount---Malpractice Cases
14
1
Equitable Relief (Or, Money Can't Always Solve the Problem)
15
 
Is the Suit Brought Within the Proper Time Limits (Statute of Limitations)?
Statute of Limitations Periods
2
3
Computing the Statute of Limitations
5
2
Defendant Should Tell the Judge If the Statute of Limitations Has Run Out
7
 
How to Settle Your Dispute
Write a Formal ``Demand'' Letter
2
9
Try to Negotiate a Settlement
11
3
Write Down the Terms of Any Settlement
14
4
Bring in a Mediator
18
 
Who Can Sue?
Participation by Attorneys and Bill Collectors
3
3
Suits by Minors
6
1
Class Actions (Group Lawsuits)
6
1
Special Rules for Prisoners and Military Personnel Transferred Out of State
7
1
Business Owners Who File Claims Do Not Always Have to Personally Appear in Court
7
 
Who Can Be Sued?
Suing One Person
2
1
Suing Two or More People
2
1
Suing an Individually Owned Business
3
1
Suing Partnerships
4
1
Suing a Corporation or Limited Liability Company (LLC)
5
1
Suing on a Motor Vehicle Accident
6
1
Special Procedures for Suits Against Minors
6
1
Special Rules for Suits Against Government Agencies
7
1
Special Procedures for Suits Against the Estates of Deceased People
8
 
Where Can You Sue?
When the Defendant Is Out of State
2
1
When the Defendant Is in Your State
3
 
Plaintiffs' and Defendants' Filing Fees, Court Papers and Court Dates
How Much Does It Cost?
1
1
Filling Out Your Court Papers and Getting Your Court Date
2
3
The Defendant's Forms
5
3
Jury Trials
8
1
Changing a Court Date
8
2
If One Party Doesn't Show Up
10
 
Serving Your Papers
Who Must Be Served?
2
1
Where Can Papers Be Served?
2
1
How to Serve Papers on an Individual
2
4
How to Serve Papers on a Business
6
1
How to Serve Papers on a Public Agency
7
1
Notify the Court That Service Has Been Accomplished (``Proof of Service'')
7
2
How to Serve Subpoenas
9
1
How to Serve a Claim of Defendant
9
1
How to Serve Papers on Someone in the Military---Declaration of Nonmilitary Service
10
1
Costs of Personal Service
11
1
Time Limits in Which Papers Must Be Served
11
 
The Defendant's Options
Claim Improper Service or Another Technical Defense
2
1
You Have a Partial Defense---Try to Compromise
3
1
You Have Absolutely No Defense
4
1
You Want to Avoid Conflict---Try to Mediate
4
1
Have Your Case Transferred to a Formal Court
5
1
Fight Back
6
2
You, Not the Plaintiff, Were Wronged---File a ``Claim of Defendant''
8
 
Getting Ready for Court
Interpreter Services
2
1
Free Legal Advice
3
1
Private Lawyers
3
1
Mediation and Arbitration
4
1
Getting to the Courthouse
5
1
Court Times
5
1
Understanding the Courtroom and Basic Procedure
6
1
Dealing With Your Opponent
7
1
Dealing With the Judge or Commissioner
8
2
Organizing Your Testimony and Evidence
10
 
Eye and Expert Witnesses
Subpoenaing Witnesses
4
1
Subpoenaing Police Officers
4
2
Subpoenaing Documents
6
3
Written Evidence
9
3
Judges as Witnesses
12
1
Testimony by Telephone
13
 
Presenting Your Case to the Judge
Uncontested Cases---Getting a Judgment by Default
1
1
Contested Cases
2
7
Don't Forget to Ask for Your Costs
9
 
Motor Vehicle Repair Cases
Have I Suffered a Loss?
2
1
Can I Prove the Defendant's Negligence Caused My Loss?
2
 
Motor Vehicle Purchase Cases
New Vehicles
1
5
Used Vehicle Dealers
6
3
Used Vehicles From Private Parties
9
 
Bad Debts: Initiating and Defending Cases in Which Money Is Owed
Small Claims Court Is a Good Place to Sue on Bad Debts
1
2
Bad Debt Cases From the Plaintiff's Point of View
3
5
Debt Cases From the Debtor's Point of View
8
 
Vehicle Accident Cases
Who Can Sue Whom?
2
1
Was There a Witness to the Accident?
2
1
Police Accident Reports
3
1
Determining Fault
3
1
Diagrams
4
1
Photos
5
1
Estimates
5
1
Your Demand Letter
6
1
Appearing in Court
7
 
Landlord-Tenant Cases
Security Deposit Cases
2
8
Unpaid Rent, Rent Withholding and Other Money Damage Cases
10
5
Obnoxious Behavior
15
1
The Landlord's Right of Entry and the Tenant's Right of Privacy
16
2
Evictions
18
1
Discrimination
19
 
Miscellaneous Cases
Clothing (Alteration and Cleaning)
1
2
Dog-Related Cases
3
1
Damage to Real Property (Land, Buildings and So On)
4
2
Police Brutality/False Arrest Cases
6
1
Defamation (Including Libel and Slander)
7
1
Suits Against Airlines or Hotels
7
 
Disputes Between Small Businesses
Remember: You Didn't Always Hate Your Opponent
3
1
Try Negotiation and Mediation Before Suing
3
2
Organizing Your Case
5
4
The Drama of the Distraught Designer
9
3
Old Friends Fall Out
12
 
Judgment and Appeal
The Judgment
1
1
Time Payments
2
3
Paying the Judgment Directly to the Court
5
1
The Satisfaction of Judgment
5
3
The Appeal
8
3
Filing Your Appeal
11
1
Arguing Your Appeal Without a Lawyer
12
1
Further Appeals
13
 
Collecting Your Money
The Timing of Collecting Your Money
2
3
Finding the Debtor's Assets
5
1
Creating Property Liens
6
1
Levying on Wages, Bank Accounts, Business Assets, Real Property and So On
7
8
Recovering Collection Costs and Interest
15
1
Renew Your Judgment
15
 
Where Do We Go From Here?
Appendix Small Claims Court Rules for the 50 States (and the District of Columbia)