Everybody’s Guide to Small Claims Court in California 17th Edition by Ralph Warner Attorney ISBN 1413307590 9781413307597

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Product details:

ISBN 10: 1413307590

ISBN 13: 978-1413307597

Author:  Ralph Warner Attorney 

Everybody’s Guide to Small Claims Court in California 17th Edition: The only guide to California Small Claims Court that provides tips by former judges! The definitive guide to California Small Claims Court for more than 25 years, this plain-English guide 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. Everybody’s Guide to Small Claims Court in California shows you how to decide if you have a winning case, mediate a settlement if possible, determine how much to sue for, write your demand letter, file and serve papers, prepare evidence and witnesses for court, plan a winning courtroom strategy, convince the judge that you are right and collect your money when you win. Updated with the latest laws and procedures, featuring practical tips and insights from former judges of small claims courts. It also shows you how to handle disputes involving Internet transactions. Go after the money that’s owed you — represent yourself in small claims court and win!

 

Everybody’s Guide to Small Claims Court in California 17th Edition Table of contents:

1. Basics of Small Claims Court

• Why Use Small Claims Court?
• Will Small Claims Work for You?
• How to Use This Book

2. Do You Have a Good Case?

• Stating Your Claim
• But Is My Case Any Good?
• Breach of Contract Cases
• Personal Injury and Property Damage Cases
• Workplace Discrimination
• Defective Product Cases
• Breach of Warranty Cases
• Professional Malpractice Cases
• Nuisance Cases

3. Can You Collect Your Money If You Win?

4. How Much Can You Sue For?

• Cutting Your Claim to Fit the Limit
• Calculating the Amount of Your Claim
• Equitable Relief When Money Can’t Solve the Problem)

5. When Should You Sue?

• Statute of Limitations
• Calculating the Statute of Limitations
• What If the Statute of Limitations Has Run?

6. Settling Your Dispute

• Negotiation
• The Negotiation Process
• Mediation
• Formal Demand Letters
• Get Your Settlement in Writing (a Release)
• Last-Minute Agreements

7. Who Can Sue?

• Married Couples
• Sole Proprietorships
• Business Partnerships
• Corporations
• Limited Liability Companies
• Nonprofits and Unincorporated Associations
• Motor Vehicle Claims
• Government Agencies
• Special Rules for Prisoners and Military Personnel
• Suits by Minors
• Class Actions (Group Lawsuits)
• Participation by Attorneys and Bill Collectors

8. Suing Different Kinds of Defendants

• One Person
• Two or More People
• Individually Owned Businesses
• Partnerships
• Corporations and Limited Liability Companies (LLCs)
• Motor Vehicle Accident Cases
• How to Sue Minors
• How to Sue Government Agencies
• A Deceased Person’s Estate

9. Where Can You Sue?

• Out-of-State Defendants
• Defendants in Your State
• If You Are Sued in the Wrong Court

10. Filing Fees, Court Papers, and Court Dates

• How Much Does It Cost?
• Filing Your Lawsuit
• The Defendant’s Forms
• Jury Trials
• Your Court Date

11. Serving Your Papers

• Who Must Be Served
• Where Can Papers Be Served?
• Serving an Individual
• Serving a Business
• How to Serve a Government Agency
• Time Limits for Serving a Claim
• Proof of Service—Letting the Court Know
• Serving a Defendant’s Claim
• Serving Subpoenas
• Costs of Service

12. The Defendant’s Options

• If You Aren’t Properly Served
• If You’re Sued in the Wrong Court
• If the Statute of Limitations Has Expired
• Try to Compromise
• Try to Mediate
• If You Have No Defense
• Paying in Installments
• If You, Not the Plaintiff, Were Wronged—File a Defendant’s Claim
• Transferring Your Case to a Higher Court
• Fight Back

13. Getting Ready for Court

• Using a Private Lawyer
• Consider Mediation—Again
• Be Prepared
• Getting to the Courthouse
• The Courtroom
• The Judge or Commissioner
• Your Courtroom Strategy
• Organize Your Testimony and Evidence

14. Witnesses

• What Makes a Good Witness
• How to Subpoena Witnesses
• How to Subpoena Police and Other Peace Officers
• How to Subpoena Documents
• Witness Testimony by Letter
• Judges as Witnesses
• Testimony by Telephone

15. Your Day in Court

• If the Defendant Is a No-Show
• If the Plaintiff Is a No-Show
• Your Day in Court
• Recovering Costs
• A Sample Contested Case

16. Motor Vehicle Repair Cases

• Do You Have a Case?
• Prepare for Court
• Appearing in Court

17. Motor Vehicle Purchase Cases

• New Vehicles
• Used Vehicles From Dealers
• Used Vehicles From Private Parties

18. Bad Debts: Initiating and Defending Cases

• Who Should Appear in Court?
• From the Plaintiff’s Point of View
• From the Debtor’s Point of View

19. Vehicle Accident Cases

• Who Can Sue Whom?
• Was There a Witness?
• Traffic Collision Reports
• Determining Fault
• Diagrams
• Photos
• Estimates
• Your Demand Letter
• Appearing in Court

20. Landlord-Tenant Cases

• Security Deposit Cases
• Unpaid Rent and Former Tenants
• Former Tenants’ Defenses to Unpaid Rent
• Drug Dealing and Other Crimes
• The Obnoxious Landlord
• The Landlord’s Right of Entry and the Tenant’s Right of Privacy
• Discrimination
• Evictions for Nonpayment of Rent

21. Miscellaneous Cases

• Clothing (Alteration and Cleaning)
• Dog-Related Cases
• Damage to Real Estate (Land and Buildings)
• Defamation
• Online Transactions

22. Disputes Between Small Businesses

• Remember: You Didn’t Always Hate the Other Guy
• Organizing Your Case
• A Case Study—Proving a Contract Exists
• A Case Study—Personal Services Contract

23. Judgment and Appeal

• The Judgment
• Paying the Judgment
• Satisfaction of Judgment
• The Appeal

24. Collecting Your Money

• The Timing of Collecting Your Money
• How to Collect
• Installment Payments
• Judgments Against Government Agencies
• Finding the Debtor’s Assets
• Levying on Wages, Bank Accounts, and Other Property
• Judgments From Auto Accidents
• Property Liens
• Collection Costs
• Renew Your Judgment

25. Legal Research

• Local Laws
• State Laws
• Case Law

 

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