Full Description

Filing a small claims case allows you to have the court determine your legal rights in cases of up to $5,000. 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 California 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

Table of Contents

Using Self-Help Law Books -
Introduction -
Chapter 1: Small Claims Court, Generally-
-How Much You Can Sue For
-Remedies Other Than Money
-Procedure
-Needing an Attorney
-Other Places to Get Help
-Losses You Can Recover
-Terminology
Chapter 2: Before You Sue -11
-Deciding Whether You Have a Case
-Getting Information
-Proving Your Case
-Your Time and Effort
-Collecting If You Win
-Demanding Payment and Settling
-Deadline for Filing Suit
Chapter 3:Using Mediation to Resolve Your Case -
-Types of Mediation
-Advantages to Mediation
-Finding Services
-Procedure
Chapter 4: Filing and Serving Your Case -
-Those Who Can Sue and Be Sued
-Where to File Your Suit
-Fees
-How Much To Sue For
-Beginning Your Case
-Forms
-Statutes
-Serving the Papers on the Defendant
-When You Cannot Find the Defendant
Chapter 5: Types of Cases -41
-Bad Checks and “Stop Payment” Checks
-Breach of Contract
-Contract Rescission
-Warranty
-Lemon Law Cases
-Consumer Contracts
-Products Liability Cases
-Auto Accidents and Other Negligence Cases
-Class Actions
-Homeowner Association Cases
-Landlord Problems
-Tenant Problems
-Civil Rights Complaints
-Attorney-Client Problems
Chapter 6: Defending Yourself -
-Ignoring the Summons
-The Next Step
-Your Defenses
-Settling the Case
-Counterclaims
-Cross-Claims and Third Party Claims
-Requesting a Continuance
-Methods of Payment
-Appeal

Chapter 7: Rules of Evidence -
-The Four Types of Evidence
-Testimony by Declaration
-Testimony by Telephone
-Expert Witnesses
-Oral Agreements
-Judicial Notice
-Proof
Chapter 8: Preparing and Presenting Your Case -
-Preparing for Trial
-Subpoena Process
-Disqualifying a Judge
-Presenting Your Case
-Judgment
-Vacating a Default Judgment
Chapter 9: Collecting Your Judgment-
-Ask for Your Money
-Collection Methods
-Driver’s License Suspension
-Validity
-After the Judgment Is Paid
Chapter 10: Appealing Your Case -
Glossary -
Appendix A: Small Claims Advisors (and County Court Websites) -
Appendix B: Mediation Programs by County -
Appendix C: California Small Claims Statutes and Rules -
Appendix D: List of Relevant Consumer Statutes -
Appendix E: Statutes of Limitation -
Appendix F: Questions for Judgment Debtor -
Appendix G: Checklists -
Appendix H: Demand Letters -
Appendix I: Judicial Council Forms -
Appendix J: List of Local Forms-
Index -

Excerpt

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