Filing and Winning Small Claims For Dummies
Real advice you can trust and use in small claims court When every other method to collect has failed, a small claim is the right remedy to seek. If you're looking at either prosecuting or defending in a small claims court, with or without an attorney, the information presented in Filing & Winning Small Claims For Dummies is indispensable. The nuances of small claims courts vary from state to state, but the basic approach in preparing and presenting a small claims case is extremely uniform no matter where you are. Regardless of state or circumstance, you can find, trust, and use the info in Filing & Winning Small Claims For Dummies to prepare yourself for your court date. You'll find everything you need to know including establishing a case, settling or mediating a dispute, fees, applications, and other paperwork, statues of limitations, securing witnesses and experts, preparing for court, filing for appeal, case studies and more. Filing & Winning Small Claims For Dummies also includes the most current information and resources on specific laws, statues, dollar limits, and procedures. Includes the most current information and resources on specific laws, statues, dollar limits, and procedures Offers practical information on securing witnesses and experts Complemented with real-world examples of small claims court cases If you're headed to small claims court, either as a plaintiff or a defendant, you'll want Filing & Winning Small Claims For Dummies in your corner!
Introduction 1 Part I: Making Your Big Problem a Small Claim 5 Chapter 1: Understanding the Ins and Outs of Small Claims Court 7 Chapter 2: Deciding if Your Case Belongs in Small Claims Court 15 Chapter 3: Evaluating Whether You Need a Lawyer 35 Chapter 4: Classifying Your Claim: Figuring Out What Kind of Case You Have 47 Chapter 5: What’s the Damage: Understanding Different Types of Damages 67 Part II: Getting Ready to Go to Court 83 Chapter 6: Just the Facts, Jack: Gathering Your Information 85 Chapter 7: Dealing with the Clerk 95 Chapter 8: Informing the Defendant About the Case 103 Chapter 9: Looking at Your Options: Considering Alternatives to Trial 119 Chapter 10: In Your Defense: Advice for the Defendant 129 Part III: Presenting Your Case in Court 139 Chapter 11: Mastering Courtroom Etiquette 141 Chapter 12: Providing the Proof You Need to Make Your Case 159 Chapter 13: Handling Live Witnesses Well 173 Chapter 14: Sounding Like a Lawyer in the Courtroom 193 Chapter 15: Understanding the Judge’s Decision 211 Part IV: Dealing with Specific Problems 217 Chapter 16: Getting Hit Where You Live: Contract Cases Involving Your Home 219 Chapter 17: Getting the Business: Suing over Business Transactions 235 Chapter 18: Getting Personal: Suing Those Closest to You 251 Chapter 19: Pardon My French: Understanding Tort Cases 263 Chapter 20: Looking at Legal Issues in the Internet Age 275 Part V: Handling Post-Trial Issues 285 Chapter 21: Getting the Verdict and Collecting Your Judgment 287 Chapter 22: Appealing a Decision 299 Part VI: The Part of Tens 307 Chapter 23: Ten Ways to Improve Your Odds of Winning in Court 309 Chapter 24: Ten Blunders to Avoid 313 Glossary 317 Index 329
Hon. Philip S. Straniere was named an Acting Justice of the New York State Supreme Court in 2004 and is currently the Supervising Judge of Civil Court, Richmond County, New York. Prior to going on the bench he was in private practice for over 20 years.
Learn to: Prosecute or defend your small claims case Grasp small claims court laws, statutes, and procedures Settle or mediate a dispute Real insight you can trust and use in small claims court When every other method to collect has failed, a small claim is the right remedy to seek. If you're looking at either prosecuting or defending in small claims court, with or without an attorney, the information in Filing & Winning Small Claims For Dummies has you covered. You'll find everything you need to know, from establishing a small claims case to settling or mediating a dispute — and everything in between. A small claim is a big deal — determine if your case belongs in small claims court and then make the big decisions before you take the next step, like how much money you'd like to get and if you need a lawyer to help you get it Court is in session — get expert tips on all of the paperwork and information you'll need for your day in court Make your case — discover how to present your case to the right person at the right time in the right way (and how to avoid making any missteps that will compromise your case) Keep order in the court — find examples of some of the most common types of small claims cases and how to prepare specifically for them Open the book and find: Help for deciding if your case belongs in small claims court How you can determine if you have a "civil dispute" The limitations of small claims court The pros and cons of hiring a lawyer How to classify your case in general legal terms Tips and guidance on presenting your case in court Ways to handle post-trial issues Ten blunders to avoid in court
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