Everybody's Guide to Small Claims Court

( 1 )

Overview

Smart preparation for your day in small claims court can make the difference between writing a ...
See more details below
Paperback (Fourteenth Edition)
$19.98
BN.com price
(Save 33%)$29.99 List Price

Pick Up In Store

Reserve and pick up in 60 minutes at your local store

Other sellers (Paperback)
  • All (11) from $1.99   
  • New (1) from $17.57   
  • Used (10) from $1.99   
Marketplace
BN.com

All Available Formats & Editions

Sending request ...

Overview

Smart preparation for your day in small claims court can make the difference between writing a check and receiving one.

Everybody's Guide to Small Claims Court provides the information, tips and strategies you need to sue someone successfully, or put up a winning defense. Find out how to:
-write a demand letter
-file and serve papers
-prepare a winning presentation
-prepare evidence
-line up persuasive witnesses
-figure out your damages
-mediate a settlement
-collect money when you win

Everybody's Guide to Small Claims Court gives you down-to-earth examples of common cases, including:
auto repair
rental deposit
auto warranty
property damage
small business disputes

The 11th edition is completely updated to include the latest procedures for small claims courts in every state and Washington, D.C. Plus, it now includes useful, practical comments by judges who've seen it all.
Read More Show Less

Editorial Reviews

Los Angeles Times
Warner's book takes you by the hand through all the potential pitfalls of trying your own case.
Associated Press
Step-by-step advice on how to prepare your case, how to file it, and perhaps most importantly, how to collect if you win...You can find good counsel in attorney Ralph Warner's Everybody's Guide to Small Claims Court.
Kiplinger's Personal Finance Magazine
Everybody's Guide to Small Claims Court walks you through the halls of small justice and explains how to file a claim, figure damages and argue your case effectively.
Associated Press
"Step-by-step advice on how to prepare your case, how to file it, and perhaps most importantly, how to collect if you win..."
Los Angeles Times
Takes you by the hand through all the potential pitfalls of trying your own case.
Kiplinger's Personal Finance Magazine
Everybody's Guide to Small Claims Court walks you through the halls of small justice and explains how to file a claim, figure damages and argue your case effectively.
Small Business Opportunities
A drum roll, please! We would like to herald the arrival of Nolo's Everybody's Guide to Small Claims Court. ...it's a bargain.
Consumer Advocate
You'll wish you'd read this book when you'd had the chance ... it can give you that critical edge.
— David Horowitz
Money Magazine
Useful advice...for anyone trying to get money back.
PC World
If a company refuses your request, take the case to small-claims court.... If you choose this route, read Everybody's Guide to Small Claims Court....
— Roberta Furger
Associated Press Staff
Step-by-step advice on how to prepare your case, how to file it, and perhaps most importantly, how to collect if you win...
From the Publisher

“Useful advice … for anyone trying to get money back.”  Money Magazine

“You’ll wish you’d read this book when you’d had the chance, it can give you that critical edge.” David Horowitz, Consumer Advocate

“Walks you through the halls of small justice and explains how to file a claim, figure damages and argue your case effectively."" Kirplinger's Personal Finance Magazine

""Step-by-step advice on how to prepare your case, how to file it, and perhaps most importantly, how to collect if you win..."" Associated Press

Read More Show Less

Product Details

  • ISBN-13: 9781413316889
  • Publisher: NOLO
  • Publication date: 4/16/2012
  • Edition description: Fourteenth Edition
  • Edition number: 14
  • Pages: 440
  • Sales rank: 790,056
  • Product dimensions: 3.50 (w) x 3.90 (h) x 0.80 (d)

Meet the Author


Ralph Warner - Widely recognized as a pioneer of the do-it-yourself law movement, Warner founded Nolo with Ed Sherman in 1971. He began publishing do-it-yourself law books after numerous publishers rejected them. Warner holds a law degree from Boalt Hall School of Law at the University of California at Berkeley and an undergraduate degree from Princeton.
Read More Show Less

Table of Contents

Introduction
Chapter 1 In the Beginning
A. First Things 1
B. Checklist of Things to Think About Before Initiating or Defending Your Case 3
C. Legal Jargon Defined 6
D. Legal Research 11
Chapter 2 Do You Have a Good Case?
A. Stating Your Legal Claim in Court Papers 2
B. But Is My Case Really Any Good? 3
C. How to Approach a Breach of Contract Case 6
D. How to Approach a Breach of Warranty Case 13
E. How to Approach a Case When Your Property Has Been Damaged by the Negligent or Intentional Acts of Someone Else 15
F. How to Approach a Personal Injury (and Mental Distress) Case 19
G. How to Approach a Case When You Are Injured by a Defective Product (Doctrine of Strict Liablility) 21
H. How to Approach a Case When Your Rights Under State Law Have Been Breached 21
I. Professional Malpractice 23
J. How to Prove a Nuisance Case 24
Chapter 3 Can You Recover If You Win?
Chapter 4 How Much Can You Sue For?
A. Cutting Down a Claim That's Over the Limit to Fit Into Small Claims Court 2
B. Splitting Small Claims Court Cases 2
C. How to Compute the Exact Amount of Your Claim 4
D. Computing an Exact Amount--Malpractice Cases 14
E. Equitable Relief (Or, Money Can't Always Solve the Problem) 15
Chapter 5 Is the Suit Brought Within the Proper Time Limits (Statute of Limitations)?
A. Statute of Limitations Periods 2
B. Computing the Statute of Limitations 5
C. Defendant Should Tell the Judge If the Statute of Limitations Has Run Out 7
Chapter 6 How to Settle Your Dispute
A. Write a Formal "Demand" Letter 2
B. Try to Negotiate a Settlement 11
C. Write Down the Terms of Any Settlement 14
D. Bring in a Mediator 18
Chapter 7 Who Can Sue?
A. Participation by Attorneys and Bill Collectors 3
B. Suits by Minors 6
C. Class Actions (Group Lawsuits) 6
D. Special Rules for Prisoners and Military Personnel Transferred Out of State 7
E. Business Owners Who File Claims Do Not Always Have to Personally Appear in Court 7
Chapter 8 Who Can Be Sued?
A. Suing One Person 2
B. Suing Two or More People 2
C. Suing an Individually Owned Business 3
D. Suing Partnerships 4
E. Suing a Corporation or Limited Liability Company (LLC) 5
F. Suing on a Motor Vehicle Accident 6
G. Special Procedures for Suits Against Minors 6
H. Special Rules for Suits Against Government Agencies 7
I. Special Procedures for Suits Against the Estates of Deceased People 8
Chapter 9 Where Can You Sue?
A. When the Defendant Is Out of State 2
B. When the Defendant Is in Your State 3
Chapter 10 Plaintiffs' and Defendants' Filing Fees, Court Papers and Court Dates
A. How Much Does It Cost? 1
B. Filling Out Your Court Papers and Getting Your Court Date 2
C. The Defendant's Forms 5
D. Jury Trials 8
E. Changing a Court Date 8
F. If One Party Doesn't Show Up 10
Chapter 11 Serving Your Papers
A. Who Must Be Served? 2
B. Where Can Papers Be Served? 2
C. How to Serve Papers on an Individual 2
D. How to Serve Papers on a Business 6
E. How to Serve Papers on a Public Agency 7
F. Notify the Court That Service Has Been Accomplished ("Proof of Service") 7
G. How to Serve Subpoenas 9
H. How to Serve a Claim of Defendant 9
I. How to Serve Papers on Someone in the Military--Declaration of Nonmilitary Service 10
J. Costs of Personal Service 11
K. Time Limits in Which Papers Must Be Served 11
Chapter 12 The Defendant's Options
A. Claim Improper Service or Another Technical Defense 2
B. You Have a Partial Defense--Try to Compromise 3
C. You Have Absolutely No Defense 4
D. You Want to Avoid Conflict--Try to Mediate 4
E. Have Your Case Transferred to a Formal Court 5
F. Fight Back 6
G. You, Not the Plaintiff, Were Wronged--File a "Claim of Defendant" 8
Chapter 13 Getting Ready for Court
A. Interpreter Services 2
B. Free Legal Advice 3
C. Private Lawyers 3
D. Mediation and Arbitration 4
E. Getting to the Courthouse 5
F. Court Times 5
G. Understanding the Courtroom and Basic Procedure 6
H. Dealing With Your Opponent 7
I. Dealing With the Judge or Commissioner 8
J. Organizing Your Testimony and Evidence 10
Chapter 14 Eye and Expert Witnesses
A. Subpoenaing Witnesses 4
B. Subpoenaing Police Officers 4
C. Subpoenaing Documents 6
D. Written Evidence 9
E. Judges as Witnesses 12
F. Testimony by Telephone 13
Chapter 15 Presenting Your Case to the Judge
A. Uncontested Cases--Getting a Judgment by Default 1
B. Contested Cases 2
C. Don't Forget to Ask for Your Costs 9
Chapter 16 Motor Vehicle Repair Cases
A. Have I Suffered a Loss? 2
B. Can I Prove the Defendant's Negligence Caused My Loss? 2
Chapter 17 Motor Vehicle Purchase Cases
A. New Vehicles 1
B. Used Vehicle Dealers 6
C. Used Vehicles From Private Parties 9
Chapter 18 Bad Debts: Initiating and Defending Cases in Which Money Is Owed
A. Small Claims Court Is a Good Place to Sue on Bad Debts 1
B. Bad Debt Cases From the Plaintiff's Point of View 3
C. Debt Cases From the Debtor's Point of View 8
Chapter 19 Vehicle Accident Cases
A. Who Can Sue Whom? 2
B. Was There a Witness to the Accident? 2
C. Police Accident Reports 3
D. Determining Fault 3
E. Diagrams 4
F. Photos 5
G. Estimates 5
H. Your Demand Letter 6
I. Appearing in Court 7
Chapter 20 Landlord-Tenant Cases
A. Security Deposit Cases 2
B. Unpaid Rent, Rent Withholding and Other Money Damage Cases 10
C. Obnoxious Behavior 15
D. The Landlord's Right of Entry and the Tenant's Right of Privacy 16
E. Evictions 18
F. Discrimination 19
Chapter 21 Miscellaneous Cases
A. Clothing (Alteration and Cleaning) 1
B. Dog-Related Cases 3
C. Damage to Real Property (Land, Buildings and So On) 4
D. Police Brutality/False Arrest Cases 6
E. Defamation (Including Libel and Slander) 7
F. Suits Against Airlines or Hotels 7
Chapter 22 Disputes Between Small Businesses
A. Remember: You Didn't Always Hate Your Opponent 3
B. Try Negotiation and Mediation Before Suing 3
C. Organizing Your Case 5
D. The Drama of the Distraught Designer 9
E. Old Friends Fall Out 12
Chapter 23 Judgment and Appeal
A. The Judgment 1
B. Time Payments 2
C. Paying the Judgment Directly to the Court 5
D. The Satisfaction of Judgment 5
E. The Appeal 8
F. Filing Your Appeal 11
G. Arguing Your Appeal Without a Lawyer 12
H. Further Appeals 13
Chapter 24 Collecting Your Money
A. The Timing of Collecting Your Money 2
B. Finding the Debtor's Assets 5
C. Creating Property Liens 6
D. Levying on Wages, Bank Accounts, Business Assets, Real Property and So On 7
E. Recovering Collection Costs and Interest 15
F. Renew Your Judgment 15
Chapter 25 Where Do We Go From Here?
Appendix Small Claims Court Rules for the 50 States (and the District of Columbia)
Read More Show Less

Customer Reviews

Average Rating 5
( 1 )
Rating Distribution

5 Star

(1)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously
Sort by: Showing all of 2 Customer Reviews
  • Anonymous

    Posted February 6, 2010

    Everybody's Guide to Small Claims Court by Attorney Ralph Warner

    This is a must have book for anyone wishing to know about small claims court procedures. Well worth the money especially if you want to increase your chances of winning a small claims court judgment.

    Was this review helpful? Yes  No   Report this review
  • Anonymous

    Posted April 28, 2000

    The Small Claims Book for EVERYONE (Being sued or suing)

    GREAT book, but didn't cover much on collecting after your judgement. Also, it describes issues such as subpoenas and etc, all of which is not allowed in AZ Small Claims court (fails to mention that). Broad view of laws on all states, but sometimes requires further research with your states Secretary of State. Definitely recommend -- NO -- Definitely REQUIRED for those who have no idea about small claims court.

    Was this review helpful? Yes  No   Report this review
Sort by: Showing all of 2 Customer Reviews

If you find inappropriate content, please report it to Barnes & Noble
Why is this product inappropriate?
Comments (optional)