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Today we are proud to off er a full range of plain-English law books, legal forms, software and an award-winning website. Everything we publish is relentlessly researched and tested by a dedicated group of in-house legal editors, who together have more than 150 years’ experience. And when legal changes occur after publication, we promptly post free updates at Nolo.com. Tens of millions of Americans have looked to Nolo to help solve their legal and business problems. We work every day to be worthy of this trust. Ralph Warner Nolo co-founder Emma Cofod Everybody’s Guide to Small Claims Court by Attorney Ralph Warner 13th edition  irteenth Edition MARCH 2010 Editor DIANA FITZPATRICK Production MARGARET LIVINGSTON Proofreading ANI DIMUSHEVA Index MEDEA MINNICH Printing DELTA PRINTING SOLUTIONS, INC. Warner, Ralph E. Everybody’s guide to small claims court / by Ralph Warner. 13th ed. p. cm. Includes index. ISBN-13: 978-1-4133-1102-0 (pbk.) ISBN-10: 1-4133-1102-4 (pbk.) 1. Small claims courts United States Popular works. I. Title. KF8769.W37 2010 347.73’28 dc22 2009041947 Copyright © 1980, 1984, 1985, 1987, 1990, 1991, 1995, 1997, 2000, 2002, 2003, 2006, 2008, and 2010 by Ralph Warner. All rights reserved.  e NOLO trademark is registered in the U.S. Patent and Trademark Offi ce. Printed in the U.S.A. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission. Reproduction prohibitions do not apply to the forms contained in this product when reproduced for personal use. For information on bulk purchases or corporate premium sales, please contact the Special Sales Department. Call 800-955-4775 or write to Nolo, 950 Parker Street, Berkeley, California 94710. Please note We believe accurate, plain-English legal information should help you solve many of your own legal problems. But this text is not a substitute for personalized advice from a knowledgeable lawyer. If you want the help of a trained professional—and we’ll always point out situations in which we think that’s a good idea—consult an attorney licensed to practice in your state. ank You Nolo is as much family as it is business. Without the help of many Nolo family members, there would be no books such as this one. Over the years, a number of talented friends have read the manuscript of this book and made helpful suggestions for improvement. With enough help, even a tarnished penny can be made to shine. anks to Natasha Kaluza, Jeanne Stott, Ella Hirst, Nick Aquino, Mary Alice Coleman, Scott Reep, and Susan Cornell. Many thanks also to the small claims court clerks and legal advisers whose input keeps this book fresh. Ella Hirst, Stanley Jacobsen, Beth Laurence, Alayna Schroeder, and Diana Fitzpatrick compiled the research for newer editions. eir thorough, patient, and dedicated work has made this a better book. A very warm thank you goes to Judge (Ret.) Roderic Duncan, whose perspectives “from the bench” on the small claims court process are an invaluable contribution. Another sincere thanks goes to Margaret Reiter for assistance with consumer protection laws. For Toni, the light, the heart, and the love of my life. Table of Contents Your Small Claims Court Companion 1 1 In the Beginning 5 First ings 6 ings to ink About Early On 9 Some Legal Jargon 11 How to Use is Book 18 2 Do You Have a Good Case? 21 Stating Your Claim 22 But Is My Case Any Good? 23 Breach of Contract Cases 28 Property Damage Cases 38 Personal Injury (and Mental Distress) Cases 43 Defective Product Cases 46 Breach of Warranty Cases 47 Professional Malpractice Cases 51 Nuisance Cases 53 3 Can You Collect Your Money If You Win? 57 4 How Much Should You Sue For? 63 Cutting Your Claim to Fit the Limit 64 Splitting Your Case 65 Calculating the Amount of Your Claim 67 Equitable Relief (or, Money Can’t Always Solve the Problem) 83 5 When Should You Sue? 87 Statute of Limitations 88 Calculating the Statute of Limitations 91 What If the Statute of Limitations Has Run? 96 6 Settling Your Dispute 97 Try to Negotiate First 99 Mediation 103 Formal Demand Letters 110 Get Your Settlement in Writing 121 Last Minute Agreements 127 7 Who Can Sue? 129 Married Couples 131 Sole Proprietorships 133 Business Partnerships 133 Corporations 133 Limited Liability Companies 134 Nonprofits and Unincorporated Associations 134 Motor Vehicle Claims 134 Government Agencies 134 Special Rules for Prisoners and Military Personnel 135 Suits by Minors 135 Class Actions (Group Lawsuits) 135 Participation by Attorneys and Bill Collectors 138 [...]... you understand how small claims court works in your state: • Look up the summary of your state’s rules in the 50-state Appendix to this book • Obtain your local small claims rules from your small claims court clerk’s office • Check out your state’s small claims rules online You’ll find the URL for your state’s small claims court in the Appendix The purpose of small claims court is to hear disputes involving... in the courtroom or mails it within a few days But before you decide that small claims court sounds like just the place to bring your case, you will want to answer a basic question: Will the results you expect to achieve balance out the effort you will have to expend? Even in small claims court, a successful case will probably 8 | Everybody’s Guide to Small Claims Court take ten to 20 hours to prepare... former small claims court judges You’ll see their comments throughout the book Everybody’s Guide to Small Claims Court has now been in print for more than 25 years The current edition has been completely updated to reflect literally hundreds of recent practical and legal changes My goal is to make it the best possible tool to help you answer such questions as: 2 | Everybody’s Guide to Small Claims Court. .. taken to pay (satisfy) court judgments if the debtor follows certain procedures (See Chapter 24.) Formal Court As used here, this term refers to the regular state courts other than small claims court The states call their trial courts by all sorts of names (municipal, superior, district, circuit, supreme, civil, and so on.) In California, for example, claims too large to qualify for small claims court. .. How to Use This Book 18 6 | Everybody’s Guide to Small Claims Court First Things Small claims procedures are established by state law This means there are differences in the operating rules of small claims courts from state to state, including the maximum amount for which you can sue; who can sue; and the what, where, and when of filing papers There are even differences in what small claims. .. Appeal In the small claims context, a request that the superior court rehear the case from scratch and reverse the decision of the small claims court Some states allow only a defendant to appeal; others allow the parties to appeal based only on law—not facts Many require you to post a bond when you file an appeal (See Chapter 23 and the Appendix.) 12 | Everybody’s Guide to Small Claims Court Calendar... so be sure to check the rules for your state before filing An excellent resource for 50-state small claims court information is http://freeadvice.com/resources/smallclaimscourt.htm There are three great advantages of small claims court: • You get to prepare and present your own case without having to pay a lawyer more than your claim is worth • Filing, preparing, and presenting a small claims case... judge Judgment Creditor A person to whom money is owed under a court decision Judgment Debtor A person who owes money under a court decision Jurisdiction A court s authority to hear and decide a case To properly hear a case, a court must have jurisdiction over the type of dispute and over the parties A small claims court has jurisdiction to hear cases involving money damages up to a certain amount—for... encouraged in many small claims courts by which the parties to a dispute meet with a neutral person (the mediator) who attempts to help them arrive at their own solution to the problem If mediation succeeds, it’s normally not necessary to argue the case in court; if it fails, the dispute can still go to court to be decided on by a judge Motion to Vacate Judgment The motion the defendant must file to reopen... heard even in the wrong court if both parties appear and agree to it 18 | Everybody’s Guide to Small Claims Court Wage Garnishment After a judgment has been issued (and the defendant’s time to appeal has elapsed), the small claims court clerk will issue a Writ of Execution on the judgment creditor’s request This may be turned over to a sheriff, marshal, or constable with orders to collect (garnish) a . E. Everybody’s guide to small claims court / by Ralph Warner. 13th ed. p. cm. Includes index. ISBN-13: 978-1-4133-1102-0 (pbk.) ISBN-10: 1-4133-1102-4 (pbk.) 1. Small claims courts United States. 419 A Appendix: Small Claims Court Rules for the 50 States (and the District of Columbia) 427 I Index 467 Your Small Claims Court Companion F iling a case in small claims court is a highly. looked to Nolo to help solve their legal and business problems. We work every day to be worthy of this trust. Ralph Warner Nolo co-founder Emma Cofod Everybody’s Guide to Small Claims Court by