If you haven't done so before suing, why not try? At the very least, you should ask the defendant for the legal remedy that you hope the judge will award you. Are you able to give the other person some incentive to settle the dispute? If you owe money, it may be worth paying a bit more than you feel you owe, just to end the dispute. If the dispute goes to court and results in a judgment against you, the amount you owe may be increased by court costs and interest , and the judgment will be noted in your credit record.
Even after the case is decided, the judge can authorize payment by weekly or monthly installments. Mediation is a process for resolving disputes informally. A third party —a mediator — helps the parties arrive at their own solution. The best quality of the mediation process is that it attempts to restore the relationship between the parties. While only some disputes can be resolved by mediation since both parties must agree to the results , consider whether your dispute can be resolved in that way.
Disputes involving neighbors and family members are particularly well-suited for mediation because of the importance of the relationships between the parties. If you decide that mediation rather than small claims court might resolve your dispute, ask the clerk if the small claims court offers a mediation program. If not, the clerk may know of a publicly funded program in your county.
You can also locate a mediation program by looking in the business section of your telephone directory, or by calling the California Department of Consumer Affairs at You can also find a list of mediation programs on the Web site of the California Department of Consumer Affairs www.
If you are the plaintiff, reviewing the following court forms will give you some useful information:. If you are the defendant, reviewing the following court forms will give you some useful information:.
The Department of Consumer Affairs provides fact sheets and information on landlord-tenant issues, auto repairs, contractor hiring, and the professions and occupations regulated by the Department on its website at www. Links to other information resources are provided in the Web site of Consumer Reports magazine.
With certain exceptions, anyone can sue or be sued in small claims court. Generally, all parties must represent themselves. An individual can sue another individual or a business. A business, in turn, can sue an individual or another business. A federal agency may not be sued in small claims court. To file or defend a case in small claims court, you must be a at least 18 years old or legally emancipated, and b mentally competent. A person must be represented by a Guardian ad Litem if he or she is under 18 and not legally emancipated, or has been declared mentally incompetent by a court.
For a minor, the representative is ordinarily one of his or her parents. A small claims clerk or small claims adviser can explain how to have a guardian ad litem appointed.
In most situations, parties to a small claims action must represent themselves. As a general rule, attorneys or non-attorney representatives such as debt collection agencies or insurance companies may not represent you in small claims court. Self-representation is usually required. There are, however, several exceptions to this general rule:.
If the court determines that a party is unable to properly present his or her claim or defense for any reason, the court may allow another individual to assist that party. In the following kinds of situations, a party need not appear in court, and may either send a representative or submit written declarations to prove his or her claim or defense. CAUTION: Even if the requirements to allow the employee to represent their employer are met, this does not mean that their testimony is sufficient to win the case.
Some judges may require the testimony of the employee who worked on the account and who has personal knowledge of the history of the account in order to render a judgment for the company. The representative must state that he or she is actually authorized to represent the party, and must describe the basis for that authorization, such as a letter from the represented party.
Spouses may represent each other in small claims court if they have a joint interest in the claim or defense, and the represented spouse has given his or her consent. For example, if both spouses are listed on the lawsuit, one may appear for the other as long as consent had been given. However, one spouse may not represent the other spouse if the court decides that justice would not be served—such as where their interests are not the same and may conflict.
The district court judge will not retry the case or accept new evidence, testimony, etc. A party may not file more than 10 claims in a calendar year, except claims involving shoplifting. Law Enforcement Background Checks.
Regulation Motor Vehicle Division. Internal Services Central Services Division. Offender Registry. File A Complaint. If you believe you have been the victim of an unfair or deceptive business practice and have not reached a satisfactory solution after contacting the business, then click here to either file a complaint online or by mail.
Reported Data Breach Incidents Click here to view a chart of reported data breach incidents. You should check your credit report for fraudulent transactions. How to Dispute Errors on Your Credit Report Errors on your credit report could affect your ability to obtain a credit card, a house loan, and even a job. Click here to learn how best to dispute any errors. Common Issues Choosing a Contractor.
Common Issues Internet Security. Donations To Charities. Montana citizens benefit widely from the activities of charities and Montana donors give generously to charities. Click here to learn more about evaluating charities so that your donation is devoted to charitable programs. Guide For Nonprofits. The directors of nonprofit corporations and the trustees of charitable trusts have special obligations to their corporations and the beneficiaries they serve.
Click here to learn about the laws that most directly affect charities. Nonprofit Complaint. If you believe the directors or officers are using charitable assets for personal gain or are engaging in any improper or illegal activities, you may file a complaint by clicking here.
If you suspect criminal activity, contact your county attorney. Business Regulations. Data Breach Reporting Requirements. Montana statutes governing data breaches require businesses and government agencies to notify affected consumers if a consumer's personal information is compromised.
New Jersey. New Mexico. New York. North Carolina. North Dakota. Rhode Island. South Carolina. For the information, tips, and strategies you need to sue someone successfully in small claims court, see Everybody's Guide to Small Claims Court , by Cara O'Neill Nolo. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.
Grow Your Legal Practice.
0コメント