Stand Up For Your Rights...The People's Court
Legal Article GuideBy: Buel Quirk
Stop getting ripped off by by businesses (or individuals) that either do shoddy work or they goof up and refuse to correct their error. You are not without rights! You can take your problem to a special court (which exists in every county in the United States).This special court is called, Small Claims Court. In some states, the small claims court is called "Magistrate's Court". Sometimes, it's referred to as the People's Court. No matter what it's called, it is a very informal
court and offers a quick and inexpensive way to resolve disputes.
Here are some examples of problems often taken to the small claims court: A tenant refuses to pay for damages in excess of the security deposit A dry cleaner refuses to pay for lost or damaged clothing A business refuses to replace, repair, or refund faulty merchandise.
Some cases cannot be heard in small claims court. For example, the court cannot order someone to do something or refrain from doing something. You would need to go to a higher court to accomplish this. If the damages you are asking for exceed the court limits, then you have to use a different court,
and this usually involves the assistance of a lawyer. The court only awards money damages The court cannot order, for example, a store to deliver the television set you paid for and never received. The court cannot order that your ex-husband be restrained from harassing you.
Whom Do You SueIf you are bringing the lawsuit on, you are the "Plaintiff". If you are the one being sued, you are the Defendant".
As the Plaintiff, you have to determine the proper person to sue. Sometimes, determining the right person to sue is not so easy. If you are suing the following:
Individual - There may not be a problem here. Simply get their correct name
and address. Sole Proprietor - Suppose that Jim Smith owns and runs a business called
"Jim's Bicycle Shop". If it's a sole proprietor form of business, you need to sue
Jim Smith, not the business. Partnership - You need to get the names of the partners as usually all the
partners are responsible for the obligations of the partnership. Corporation - When you sue a corporation, you will need the name and address of
the Registered Agent or Officer You need this as this is the person who has to be served with the
notification of the lawsuit. Where To File?
If you can’t settle, make sure you’re suing in the right county. Your county is the right place if: the person or business you’re suing (the defendant) resides or does a substantial amount of business in your county; your claim arose in your county; or the property involved in your claim is located in your county.
If you are unsure of anything, you can always contact the county Clerks office.
Although they cannot advise you on legal matters, they are very cooperative
and will answer most any question you have regarding procedure.
How to Prepare Your CaseAfter filing your claim you will need to prepare for trial. You need to gather all the material that will help you prove your case to the judge at trial. For example,
Signed contracts; Any notes written by the Defendant to you regarding his work; Receipts; Cancelled checks; Photographs of the work site damage, particularly if you can't bring in the evidence to show the judge.Each piece of evidence should support your side of the story. Make an outline of your presentation and Have this with you at court so you don't forget any key points. Also, make
an outline of the questions you intend to ask the Defendant, if he should take
the stand.
Your Day In Court..at Last!
Finally, the day you have been waiting for has arrived. You're going to court to
try to be compensated for the damage caused to you by the Defendant. You must be
Absolutely Sure that you arrive early enough so that if any unforeseen circumstances
arise, you still won't be late. If you are late, the court may dismiss your case!
Bring all your papers, forms, outlines and other evidence with you. You might organize your package using different folders so you don't have to take unnecessary
time to find the papers you need.
You get to present your case first with no interruptions from the Defendant. Be brief
and to the point. State your position in a respectful tone
Keep your cool (Play Perry Mason). Don't rant or rave.
Be sure that you present facts to the court that establish that the defendant owes
you money and show how much money he owes you. The burden of proof is on you.
Now, the Defendant gets to present their side of the story with no interruptions from you.
Be sure to take notes so that you'll know what to ask when you question the Defendant.
If the person you are suing does not appear in court at the appointed time, and he
has received proper notice of this trial, then the judge will grant judgment
in your favor for the amount you prove that you are due.
Collecting on Your Judgment
Quite often, trying to collect on a money judgment is more difficult than proving the case in court. If you sued someone for money and received a judgment against that person, you have the right to collect the money.
However, you as the Plaintiff, are responsible for actually collecting the award.
The court cannot and will not collect awards for any party. So, how can you
collect your money?
If the Defendant has the money and is present at trial, they can pay you right
then. (This is a possibility, but not likely).
If the Defendant does not have the money at the time of trial and you both
agree at the trial, the judge can set up a payment schedule.
If the Defendant was not at the trial, the court will send a copy of the
judgment to the Defendant ordering them to pay. If the Defendant still refuses to pay,
you must go back to court and file additional papers to collect on the judgment
by either Garnishment or Seizure of Property
Under either of the 2 methods above, you will need to know where the Defendant
works/lives, what assets they have and where these assets are located. If you
don't have this information then you can order the Defendant to appear in court
for questioning through a process called Discovery.
I think you can see that if the Defendant wants to be nasty and not honor the
court judgment, you will have to go through some hoops in order to collect.
The difficulties of trying to collect on a judgment quite often makes you wish you had settled your claim before trial. Every effort should be made to try to settle!
The background of Buel Quirk is in computers, sales, marketing and the law. He developed his website to be a marketplace of various ebooks and software. For more details and a free, unabridged ebook re "The People's Court" go to http://ultimateincomeopportunities.com/scland.htm
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