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Post by privateinvestor on Jan 27, 2011 16:19:45 GMT -5
I was surprised how easy it is to file a small claims action if you believe you have a strong legal case against anyone. You can download the Small Claims forms and have them reviewed by a Small Claims adviser. I just won my first Small Claims case against a corporation who reached an out of court settlement after they were served with the legal papers. I just wonder how many of us who have neglected to use the Small Claims courts because we didn't have the time or think we would win a case against a corporation?? ezlegalfile.org/ |
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Bob Ross
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Post by Bob Ross on Jan 27, 2011 16:21:03 GMT -5
But I want a large claim.  |
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DebMD (banned)
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Post by DebMD (banned) on Jan 27, 2011 16:21:57 GMT -5
What I Love About USA.....It's about the $$$$.
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Post by privateinvestor on Jan 27, 2011 16:28:55 GMT -5
What Is Small Claims Court?
Small claims court is a special court where disputes are resolved quickly and inexpensively. In small claims court the rules are simplified and the hearing is informal. The person who files the claim is called the plaintiff. The person who the claim is filed against is called the defendant. While you may ask a lawyer for advice before you go to small claims court, a lawyer cannot represent you in court.
The plaintiff has the right to appeal a disfavorable defendant's claim but has no right to appeal the small claims judgment. The defendant has a right to appeal. If the defendant files an appeal, each party may be represented by a lawyer at the appeal hearing. More information on appeals is found under the Post-Judgment Proceedings heading.
For "natural persons" and Individual DBAs (doing business as), your claim cannot be for more than $7,500.00. For all others, your claim cannot be for more than $5,000.00. "Natural persons" include individuals and minors. If you are any other type of business, organization or government entity, then the limit is $5,000.00. If there are multiple plaintiffs and any of the plaintiffs is not a "natural person" or an Individual DBA, then the limit is $5,000.00.
If you have a claim for more than the dollar limit allowed, you may file your action in the Civil Division of the Superior Court. Also, you may waive your right to any amount over the limit and file the matter in Small Claims. You cannot, however, file more than two small claims cases anywhere in California for more than $2,500.00 during a calendar year
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Post by ummboutthat on Jan 28, 2011 23:29:41 GMT -5
I went to small claims court over a towing charge. I felt my car shouldn't have been towed. Especially at a $450 charge. Towing people said they will lower to $200. I agreed...so did I win?
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Deleted
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Post by Deleted on Jan 29, 2011 0:00:27 GMT -5
I went to small claims court over a towing charge. I felt my car shouldn't have been towed. Especially at a $450 charge. Towing people said they will lower to $200. I agreed...so did I win? No you setttled out of court! |
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ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ
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Post by ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ on Jan 29, 2011 0:02:12 GMT -5
No, he settled IN court.
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Peace Of Mind
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Post by Peace Of Mind on Jan 29, 2011 0:16:32 GMT -5
I went to small claims court over a towing charge. I felt my car shouldn't have been towed. Especially at a $450 charge. Towing people said they will lower to $200. I agreed...so did I win? Did you have to pay court costs? If so - you would subtract those from the $250.00 you didn't have to pay. If no court costs you won $250.00. If you paid more than the $450.00 all total. You lost. Did that make any sense? LOL! P.I. - It's good to see you!! Where have you been? |
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Post by ummboutthat on Jan 29, 2011 0:34:01 GMT -5
 court costs? I paid for the administrative fee, to file against the towing people. Then they came to court and told the middle person would I agree to pay $200. So I paid the $200
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Peace Of Mind
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Post by Peace Of Mind on Jan 29, 2011 1:08:14 GMT -5
I didn't know the correct term. Sorry - adm. fee. So you won. Yay, Hampton!!
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verrip1
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Post by verrip1 on Jan 29, 2011 2:19:12 GMT -5
Did Diver move this thread over here from P&TM?
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happyscooter
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Post by happyscooter on Jan 29, 2011 8:01:08 GMT -5
10 years ago the limit was $2000. That's why we didn't take our contractor to court. He still wouldn't have paid. Sorry...
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Post by ummboutthat on Jan 29, 2011 10:38:34 GMT -5
why would people want to go to small claims court more often? you still have to file a claim. still have to research your side of the case, prove why you are right and said person is wrong and owes you this money. Still will have to go to court which could be all day AND the other person will have to be there as well. If said person/company doesn't show that's a day that will have to reschedule.
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verrip1
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Post by verrip1 on Jan 29, 2011 13:01:00 GMT -5
No show, you lose. By keeping the lawyers out of it, you can decide if you are better or smarter than your opponent. If so, you go for it. You'd have a real leg up if you watch a lot of Judge Judy.  |
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Post by rick on Jan 29, 2011 14:09:28 GMT -5
I think people now days use the court system to settle way to many personal grievances
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The J
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Post by The J on Jan 29, 2011 14:55:37 GMT -5
No show, you lose. By keeping the lawyers out of it, you can decide if you are better or smarter than your opponent. If so, you go for it. You'd have a real leg up if you watch a lot of Judge Judy. If you sue a business in most states, they have to be represented by an attorney in small claims court. |
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TD2K
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Post by TD2K on Jan 29, 2011 15:52:28 GMT -5
Small claims court limits vary widely by states, some have pretty low limits, others much higher.
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Post by ummboutthat on Jan 29, 2011 18:06:07 GMT -5
oh wow there goes my narrow mind one way thinking again. I was only thinking of small claims against business. personal grievances - YEA that I can agree going to court over.
For example the got dam neighbors bad ass kids keep breaking my dam living room windows with their baseball or dam kids keep breaking my car windows or making dents in my ride.
how about that untrained neighbor dog keeps digging up the grass, tearing up lawn ornaments
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Befferz
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Post by Befferz on Jan 29, 2011 18:09:29 GMT -5
how about that untrained neighbor dog keeps digging up the grass, tearing up lawn ornaments It's my own dog who digs up my yard. Maybe I should take him to small claims court?  |
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Mad Dawg Wiccan
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Post by Mad Dawg Wiccan on Jan 29, 2011 22:04:03 GMT -5
<<It's my own dog who digs up my yard. Maybe I should take him to small claims court?>>
Good luck on collecting your judgement.
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Deleted
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Post by Deleted on Jan 29, 2011 22:09:07 GMT -5
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