Sometimes you don’t need a lawyer for a lawsuit. For little disputes that are cut and dry and between you, and another person, your best bet is to go to small claims court. St Pete car accident lawyer has written a guide for the readers with some tips and tricks should they ever find themselves in a situation where they feel the need to file a claim in small claims court.
How much can I sue for?
You can sue for $5,000.00, twice a year.
How much does it cost to sue?
$15.00 to file plus $6.00 per defendant to have the court notice by certified mail. If you win, you can add the filing fee to the amount the defendant owes you.
What kinds of cases can be taken to Small Claims Courts?
Contracts, security deposits, personal injuries, warranties; almost any small monetary dispute.
Is Small Claims Court paperwork complicated?
No. Starting a case requires filling out a one-page form stating your grievance in fairly general terms.
Will the court help me settle a case without going to trial?
Many Small Claims Courts now refer people to community- or court-based mediation programs. But if mediation doesn’t work, you can still go to court.
Are there time limits on when I can sue?
As a practical matter, it’s always best to sue promptly, so that memories are fresh. *Generally, the deadline is two years for the breach of an oral contract and four years when a written contract is broken.
Where should I file my small claims lawsuit?
You must usually sue in the small claims district closest to the defendant’s residence. or business headquarters. Or, in some instances, where a contract was signed or a personal injury occurred.
If I win, am I guaranteed payment?
Unfortunately, winning a lawsuit and getting paid are two different things. You, not the court, will have to see that you get paid. Court judgments are good for 10 years and can be renewed. A person without money now could inherit money, win the lottery, or get a good job.
If I’m sued in Small Claims Court, but the other party is really at fault, can I countersue?
Only if your claim arises out of the same event or transaction.
Can I hire a lawyer to represent me?
No. You can, however, obtain advice from a lawyer, but be sure to weigh the cost/benefit.
What should I do to prepare my small claims case?
It’s not what you say, but what you bring to court to back up your case, that determines whether you’ll win or lose. Carefully collect and prepare your evidence. In this case, too much information is not too much information.
What’s the best way to present my case to the judge?
To keep the judge’s attention, get to the point fast by first describing the actual event that gave rise to your claim. Immediately follow up by stating how much money you are requesting. Then double back and tell the judge the events that led up to your loss. AND PRACTICE YOUR PRESENTATION. It’s also a good idea to make notes of your presentation (and follow them); it’s easy to forget key points when you’re nervous.
Should I bring witnesses to testify in person?
If possible, yes. If you can’t, most judges will accept a memo or letter.
Remember, it is very likely that the judge is busy and has already heard dozens of stories like yours. While he may try to remain judge-like, human nature will take over if you tell him how a judge ruled upstate in a case “just like yours,” or how all your friends think you should win. Don’t take a shortcut when it comes to your evidence, but practice presenting it in the most effective manner…with the fewest words.
Collecting After You Win In Small Claims Court
Don’t rush it.
Most Small Claims Courts allow a losing defendant to appeal, so wait until the appeal deadline passes (30 days from the mailing date of the judgment letters, not the judgment date). Appeals threaten your collection chances for two reasons: first, you may lose the appeal, and second; while the appeal is pending, the defendant doesn’t have to pay you a penny.
Don’t forget to ask.
A polite written request often does wonders. While you can mention, in general terms, that plan to take legal measures to collect if payment isn’t forthcoming, don’t be specific. This will give a wary debtor time to thwart your plans.
Treat the judgment as a long-term investment.
California authorizes you to collect up to *% annually on a judgment. View this as a long-term, uninsured investment. When (or perhaps, if) you finally get paid, a judgment could be worth a lot with the accrued interest thrown in. Just don’t forget to renew the judgment every 10 years.
Think through a collection strategy.
Your strategy must depend on the debtor’s assets and income and the cost of the collection methods. Generally, the easiest and most effect collection methods are:
- getting the debtor to pay voluntarily
- garnishing wages
- seizing money from bank accounts or safe-deposit boxes
- filing a lien (legal claim) against real estate.
Bank on the future by creating liens.
Establish liens against the judgment debtor’s real estate and business property. Liens put you in the best position to get paid if the debtor declares bankruptcy or acquires, sells, refinances or transfers property.
Do your homework.
The more you know about the business or person who owes you money, the more likely you are to get paid. Periodically write or telephone the debtor.
Know when to call it quits.
“Don’t throw good money after bad.” Keep a sharp eye on how much you are spending trying to collect–you may not get it back.