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Charlie Mann - How to Win Your Case in Small Claims Court Without a Lawyer

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Small claims court is a place where some look to level the playing field against individuals, businesses, or partnerships that have wronged them in the past. Thousands of Americans end up there each year. Many people cannot afford the cost of a lawyer to ensure a solid case and as a result, are left out in the cold. Small claims courts are not nearly as simple as those television judges make it seem: fixing problems in 30 minutes on dramatized shows. If you are not fully prepared with the right paperwork, evidence, and witnesses, you may end up worse off than before.

With this comprehensive guide, you will get a complete run-through of everything you need to know before you submit your case to court. The book includes a checklist of things you need to look for before filing a claim, information on how the courts work, and all of the legal jargondefinedthat will be thrown during the process.

You will learn how to state a claim in formal documents and ultimately whether your case has a chance of winning before you file. Different approaches to more than 15 different kinds of small claims cases are provided, including breaches of contract, property damage, personal injury, defective products, breaches of warranty, and nuisance claims. The limitations on monetary compensation in small claims court are outlined for you, along with specific methods for how to calculate your own limit. You will learn how long you have to sue after an offense has occurred and how you can approach a settlement with the plaintiff outside of court. Different legal procedures for bringing legal action against individuals, couples, businesses, and corporations are provided. A detailed chapter about the various filing fees, needed court papers, and court schedules is also provided in this comprehensive book.

Based on hours of interviews with small claims court lawyers and successful defendants, an outline of the process is also included with information on how to get ready for court, prepare your witnesses, and what you can expect on the day you are to be in court. You will learn the difference between various judgments and what options you have after a verdict is reached. For anyone looking into the option of taking legal action against a person or business, this book is a necessary resource that will ensure you are both fully educated and prepared for the process.

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How to Win Your Case in Small Claims Court Without a Lawyer

By Charlie Mann

How to Win Your Case In Small Claims Court Without a Lawyer

Copyright 2009 by Atlantic Publishing Group, Inc.
1210 SW 23rd Place. Ocala, Florida 34471 800-814-1132 352-622-1875Fax

Web site:
SAN Number: 268-1250

No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without the prior written permission of the Publisher. Requests to the Publisher for permission should be sent to Atlantic Publishing Group, Inc., 1405 SW 6th Ave., Ocala, Florida 34471.

ISBN-13: 978-1-60138-306-8 ISBN-10: 1-60138-306-1

Library of Congress Cataloging-in-Publication Data

Mann, Charlie, 1944-

How to win your case in small claims court without a lawyer

/ by Charlie Mann.

p. cm.

Includes bibliographical references and index.

ISBN-13: 978-1-60138-306-8 (alk. paper)

ISBN-10: 1-60138-306-1 (alk. paper)

1. Small claims courts United States Popular works. 2. Pro se representation United States Popular works. 3. Actions and defenses United States Popular works. 4. Trial practice United States Popular works. I. Title.

KF8769.M36.2009

347.7328--dc22

2008038275

LIMIT OF LIABILITY/DISCLAIMER OF WARRANTY: The publisher and the author make no representations or warranties with respect to the accuracy or completeness of the contents of this work and specifically disclaim all warranties, including without limitation warranties of fitness for a particular purpose. No warranty may be created or extended by sales or promotional materials. The advice and strategies contained herein may not be suitable for every situation. This work is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If professional assistance is required, the services of a competent professional should be sought. Neither the publisher nor the author shall be liable for damages arising herefrom. The fact that an organization or Web site is referred to in this work as a citation and/or a potential source of further information does not mean that the author or the publisher endorses the information the organization or Web site may provide or recommendations it may make. Further, readers should be aware that Internet Web sites listed in this work may have changed or disappeared between when this work was written and when it is read.

A few years back we lost our beloved pet dog Bear who was not only our best - photo 1

A few years back we lost our beloved pet dog Bear, who was not only our best and dearest friend but also the Vice President of Sunshine here at Atlantic Publishing. He did not receive a salary but worked tirelessly 24 hours a day to please his parents.

Bear was a rescue dog who turned around and showered myself, my wife, Sherri, his grandparents Jean, Bob, and Nancy, and every person and animal he met (well, maybe not rabbits) with friendship and love. He made a lot of people smile every day.

We wanted you to know a portion of the profits of this book will be donated in Bears memory to local animal shelters, parks, conservation organizations, and other individuals and nonprofit organizations in need of assistance.

Douglas and Sherri Brown

PS: We have since adopted two more rescue dogs: first Scout, and the following year, Ginger. They were both mixed golden retrievers who needed a home.

Want to help animals and the world? Here are a dozen easy suggestions you and your family can implement today:

  • Adopt and rescue a pet from a local shelter.
  • Support local and no-kill animal shelters.
  • Plant a tree to honor someone you love.
  • Be a developer put up some birdhouses.
  • Buy live, potted Christmas trees and replant them.
  • Make sure you spend time with your animals each day.
  • Save natural resources by recycling and buying recycled products.
  • Drink tap water, or filter your own water at home.
  • Whenever possible, limit your use of or do not use pesticides.
  • If you eat seafood, make sustainable choices.
  • Support your local farmers market.
  • Get outside. Visit a park, volunteer, walk your dog, or ride your bike.

Five years ago, Atlantic Publishing signed the Green Press Initiative. These guidelines promote environmentally friendly practices, such as using recycled stock and vegetable-based inks, avoiding waste, choosing energy-efficient resources, and promoting a no-pulping policy. We now use 100-percent recycled stock on all our books. The results: in one year, switching to post-consumer recycled stock saved 24 mature trees, 5,000 gallons of water, the equivalent of the total energy used for one home in a year, and the equivalent of the greenhouse gases from one car driven for a year.

Dedication To my wife Phyllis Your support and love are my inspiration - photo 2
Dedication

To my wife, Phyllis

Your support and love

are my

inspiration and motivation

-and-

In loving memory of my

brother, David, and sister, Paula

Preface Most of us go through life having some disagreements The latest - photo 3
Preface

Most of us go through life having some disagreements. The latest argument may have been with a local merchant who promised free service when you bought its recommended brand, or perhaps it was with an auto manufacturer concerning an extra device you ordered from the factory. You may even have had a disagreement with your local Internal Revenue Service (IRS) agent over the taxes you owed for a small lottery winning three years ago.

When we interact with other people or businesses in this country, we have a remedy for disputes called the small claims court. It is often a fast, hassle-free way to resolve lifes little problems without the need to file a major lawsuit or hire an attorney. Explaining how to do this was the objective for writing this book.

This book, unlike the vast majority on the market, is designed for readers everywhere in the United States. It also has references and information on the only federal small claims court the Small Claims Tax Court. The book illustrates how to win your case and effectively collect your money after the judge issues the paperwork that says you are right. Also included are examples of cases from people like you and information about how to find assistance when you desperately need it.

As business is transacted, as individuals agree to act together, and as limited liability companies and corporations supply services, conflicts will be created. It is a natural part of living in a free market system. Some disputes will be large and others small. Minor disputes can be settled in small claims court. What is small varies from state to state, so check the resources sections in Appendix B for the limits and costs of filing in your state.

Figure 1.1: Small Claims Court Checklist should help you learn the process, digest the terms, and move swiftly to get your case going. You will need to take a few steps to take your case to court and get back the money you have lost. This book will even detail various ways in which the defendant has the right to defend himself or herself from a court judgment that goes against him or her. As with all legal actions, there are often appeals or other trials you can propose to settle the matter to your satisfaction.

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