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How to Win in Small Claims Court in New York: With Forms

Overview

Filing a small claims case allows you to have the court determine your legal rights in cases of up to $3,000. Designed to be more simple and 'do-it-yourself' than typical court cases, small claims court can still be very complicated unless you know the process and language of the courts. How to Win in Small Claims Court in New York simplifies and thoroughly explains everything you need to know to successfully handle your own small claims case, whether you are the plaintiff or ...
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Overview

Filing a small claims case allows you to have the court determine your legal rights in cases of up to $3,000. Designed to be more simple and 'do-it-yourself' than typical court cases, small claims court can still be very complicated unless you know the process and language of the courts. How to Win in Small Claims Court in New York simplifies and thoroughly explains everything you need to know to successfully handle your own small claims case, whether you are the plaintiff or defendant.

Complete with court terminology, step-by-step instructions and the forms you need, this book makes filing or defending suits in small claims court inexpensive and hassle-free.

This book explains in simple language:

Whether you have a valid case
How to file your case
Arguing your case
Defending your case
Settling your case
Countersuing
Rules of evidence
Using expert witnesses
Following rules of evidence
Collecting your judgment
Garnishing wages

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Product Details

  • ISBN-13: 9781572481985
  • Publisher: Sourcebooks, Incorporated
  • Publication date: 5/1/2002
  • Series: Legal Survival Guides Series
  • Edition description: REV
  • Edition number: 2
  • Pages: 168
  • Product dimensions: 8.60 (w) x 10.90 (h) x 0.49 (d)

Meet the Author

James L. Rogers received his B.A. from Union College in Schenectady, New York, and his J.D. from Suffolk University Law School. He is a member of the New York and Massachusetts bars, has written extensively on a wide range of legal subjects and is currently practicing law in Albany, New York.

Mark Warda received his B.A. from the University of Illinois in Chicago and his J.D. from the University of Illinois in Champaign. He practiced law in Clearwater, Florida, then gave up a busy practice to publish self-help law books. He has written or co-authored over sixty self-help law books including How to Start a Business in New York and How to Make a New York Will.

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Table of Contents

Using Self Help Law Books -
Introduction
Chapter 1: Introduction to Small Claims Court-
-Types of Cases That Can Be Heard
-Needing an Attorney
-Where You Can Get Help
-What You Can Recover
Chapter 2: Before You Sue-
-Your Case
-Proving Your Case
-Your Time and Effort
-Collecting If You Win
-Before Filing Your Suit
Chapter 3: Filing Your Case -
-Those Who May Sue
-Who You Can Sue
-Where to File Your Suit
-Finding a Court
-Fees
-Beginning Your Case
-Possible Claims (Lawsuits) and What You Must Prove
-Possible Defenses
-Disclosure
-How Much You Should Ask For
-Jury Trial
Chapter 4: Defending Yourself -
-Notice of Claim
-Your Defenses
-Settling the Case
-Asking for a Jury Trial
Chapter 5: Countersuing -
-How to Countersue
-Exceeding the Limit
-Impleading Additional Defendants
Chapter 6: Your Trial (Hearing) -
-Arbitration
-Settling before Trial
-Jury Trial
-Trial
-Preparation for Trial
-Presenting Your Case
-If Your Defendant Carries On a Business
-Thinking About the Enforcement of Your Judgment
Chapter 7: Rules of Evidence -
-Prima Facie Evidence
-Witnesses
-Expert Witnesses
-Privileged Communications
-Testimony Concerning Deceased or Mentally Ill People
-Proof
-Parol Evidence Rule
Chapter 8: Collecting Your Judgment -
-First Steps
-Information Subpoenas
-Right to Obtain Consumer Credit Reports
-Exempt Property
-Docketing Your Judgment
-Property Execution
-Income Execution
-Bankruptcy
-If Your Judgment Involves the Defendant's Business
-Where Judgment Is Rendered in Other Than the True Name of the Defendant
Chapter 9: Appealing -
-Vacating a Default
-Filing an Appeal
-Deadlines
Glossary -
Appendix A: New York Small Claims Rules -
Appendix B: Small Claims Checklist -
Appendix C: Blank Forms -
Index -
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