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How to Know What to Sue for in Small Claims Court

Member
By Ronnie Dauber
User-Submitted Article
(2 Ratings)

If this is your first time in Small Claims Court, you are probably wondering what kind of things you can sue for. Here are a few suggestions on how to know what to sue for in Small Claims Court.

Difficulty: Moderately Easy
Instructions
  1. Step 1

    Get legal advice before you even start. You can get the phone number of legal services that provide a few minutes of free counseling from the courthouse office. Take advantage and call them.

  2. Step 2

    Go to the courthouse and get the information package available for litigants that are going to trial. Read it over very carefully.

  3. Step 3

    After reading the information package, if you still aren't sure how to pursue your matter in court or if you have any questions, you need to seek legal advice for help. The court staff is not qualified to give legal advice so don't ask them.

  4. Step 4

    Small Claims Court is limited as to what it can award in judgment, so make sure you know what the maximum is before you begin. If you are suing for more than that amount you will need to either lower your claim to the jurisdiction of the court or take your matter to a higher court.

  5. Step 5

    You can sue for the return of an item provided you can prove that it belongs to you.

  6. Step 6

    You cannot make a claim for anything that has already a claim against it, ie: a lien, another court order or settlement, or court jurisdiction. If you are not sure what these are, you need to seek legal advice.

Tips & Warnings
  • Reading the information package and then taking advantage of the few minutes of free legal advice is the best way to begin your court proceeding and the best way to know what you can sue for in Small Claims Court.

Comments  

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on 11/26/2008 Madeline29: Has this woman filed a lawsuit against you? If the answer is yes you need to act immediatly. Even if the answer is no you can type in "Legal Services" and your state's name and start seeking out free legal advice (if you qualify). Or you can simply call up a personal injury attorney, tell them your situation (have detailed info. ready - dates, etc.). Any good attorney will offer a free consultation - so you may need to shop around. You might be facing hefty fines and jail time for driving with no insurance and a suspended license so get on that ASAP.

MADELINE29 said

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on 11/26/2008 HELLO MY NAME IS BETSY MARTINEZ AND I GOT IN TO A CAR ACCIDENT AND EVEN WHEN IT WAS NOT MY FAULT THE OFFICER BLAME IT ON ME BECAUSE I DID NOT HAD ANY CAR INSURANCE
AND MY LICENSE WAS USPENDED WITCH I WAS WARE OF.

I TOOK PICTURES OF THE ACCIDENT AND THE LADY THAT HIT ME IS CHARGING ME $2300 FOR CAR DEMAGES AND THAT IS IMPOSSIBLE BECAUSE I GOT PICTURES OF THE ACCIDENT AND THAT WAS NOT EVEN NEAR $1000 FOR THE DEMAGES. NOW MY BABY EVERYTIME SHE SEE A POLICE SHE GETS SCARE BECAUSE OF THE WAY THE POLICEMAN SPOKE TO ME IN FRONT OF MY BABY AND MY LICENSE WILL GET SUSPENDED SOONE IF I DONT PAY $ 3400 AND I DONT HAVE THAT KIND OF MONEY

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