Everybody's Guide to Small Claims Court in California (Everybody's Guide to Small Claims Court. California Edition)
Language: English
Pages: 464
ISBN: 1413321720
Format: PDF / Kindle (mobi) / ePub
Evaluate your claim, figure out your best course of action and represent yourself in small claims court with this definitive guide
Everybody's Guide to Small Claims Court in California gives you step-by-step instructions to bring or defend your case. From preparing evidence and lining up persuasive witnesses, to making a presentation in court and collecting the money you're awarded, this plain English book leads you through the entire process of going to court without a lawyer. Plus, it's the only book around that helps you factor in out-of-court issues, such as personal relationships, to help you determine whether going to court is worth the potential for recovery.
Everybody's Guide to Small Claims Court in California shows you how to:
This edition is updated with the latest rules and statutes for California's small claims courts, including instructions for accessing local courts and finding out their procedures.
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check the county's website-many post information on collection procedures and fees. • Instructions on what type of asset to collect and where it is located. The sheriff, marshal, constable, or small claims clerk may have a form to use when providing these instructions. Normally, however, they will accept a letter if it contains all the necessary information. CAUTION Don't delay in serving a writ of execution. A writ of execution expires if it is not served on the debtor by the sheriff,
property to be seized and sold. But the costs of doing so are usually prohibitive. Talk to the sheriff, marshal, or constable in your area to get more details. This person will want an original and several copies of your writ, as well as instructions on where and when to go. You can get the judgment debtor to reimburse you for money you spend on collection processes, if enough money comes in to cover it. Motor Vehicles Seizing a person's motor vehicle tends to be difficult for several reasons,
the contract underlying your lawsuit was supposed to be carried out • the judicial district in which the injury underlying your lawsuit occurred, or • the judicial district in which the rental property is located (for landlord-tenant security deposit disputes or evictions). Now let's consider some typical rules about where you can sue within a state. Where the Defendant Lives or Does Business Because most small claims disputes are local, most plaintiffs follow the simplest provisions of the
(sometimes called a counterclaim) for up to the dollar limit for your state's small claims court. (See the Appendix.) If you want to sue for a greater amount, ask the small claims clerk how to transfer the case to formal court. Depending on state law and the facts of your case, you may be able to have your case transferred out of small claims court to a formal court. This may be called municipal, superior, district, county, justice, circuit, city, or civil court. Whatever the name used in
Cabin Cruiser and subjected it to the following test...") • when the witness did the work • his or her conclusion ("The paint used was not suitable for salt water immersion") • if possible, an estimate of the cost to redo the work properly, and 9 any other facts that have a bearing on the dispute. TIP Make sure you establish your expert's experience and training. It's a good idea to attach to an expert's letter a separate list of the expert's credentials. If your expert has a resume
