Table of Contents

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The Small Claims Court A Guide to Its Practical Use

• Acknowledgements
• Introduction
• Basic Considerations and Questions
  • What Is Small Claims Court?
  • Is Small Claims Court Your Best Option?
  • Have You Tried to Settle the Dispute Yourself?
  • Have You Considered Mediation?
  • Where Can You Obtain More Information and Advice?
  • Who Can File or Defend a Claim?
  • Can Someone Else Represent You?
  • Can Your Spouse Represent You?
• If You're the Plaintiff ... Filing Your Lawsuit
  • Have You Asked for the Money or the Property?
  • How Much Money Does Your Dispute Involve?
  • Where Do You File Your Case?
  • How Quickly Must You File Your Case?
  • What Forms Do You Need to File?
  • How Do You Name the Defendant?
  • How Do You Notify the Defendant of Your Claim?
  • Locating the Other Party
    • Telephone and City Directories
    • U.S. Postal Service Records
    • Secretary of State Records
    • Department of Motor Vehicles Records
    • County Business Records
    • City Business Records
    • Internet Databases
• If You're the Defendant ... Responding to the Lawsuit
  • What Should You Do After You Receive an Order to Appear?
  • What If You Owe All or Part of the Plaintiff's Claim?
  • What If You Can't Resolve the Dispute Informally?
  • What If You Can't Attend the Court Hearing?
  • What If Service of Process Rules Weren't Followed?
  • What If the Plaintiff Hasn't Filed in a Proper Court?
  • What If the Plaintiff Owes YOU Money?
• Plaintiffs and Defendants ... Making the Best of Your Day in Court
  • Resolving Your Dispute Before the Hearing
  • Gathering the Documents You Need
  • Arranging for Your Witnesses
  • Hearing Before a Temporary Judge
  • Presenting Your Claim or Defense
  • Asking for Court Costs
• Plaintiffs and Defendants ... The Judgment
  • Receiving the Judge's Decision
  • Judgment Against a Party Who Doesn't Come to the Hearing
  • Setting Aside a Judgment Against a Party Who Didn't Come to the Hearing
  • Correcting an Error or Appealing a Small Claims Court Judgment
  • Re-Hearing Before a Different Judge on Appeal
• After the Judgment ... Collecting or Satisfying the Judgment
  • Options for Judgment Debtors
  • How a Judgment Creditor Can Enforce a Judgment
  • Prohibited Debt Collection Practices
  • Once the Judgment Debt Is Paid
• Glossary of Terms
• Checklist