Do you know about - Tips For Using Small Claims Court in Texas
Phone Claim! Again, for I know. Ready to share new things that are useful. You and your friends.When is it worth it to file a small claims suit? I think an attorney would tell you that it is never beneficial, but I am not an attorney so I say it is beneficial when one can't afford an attorney and has the time to invest in a itsybitsy research. Small claims courts are for the people, so the habitancy should use them. I can't speak for the rules in States other than Texas (they are very similar), but I have been in front of a few small claims courts in Texas, Florida and Arizona, and for the most part, they are worthwhile, provided you follow the rules. The rules in Texas can be found in part 28 of the Government Code.
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This part of the Government Code sets forth the rules of battle. I will try and give some pointers about the rules in as simple a manner as possible for the advantage of the communal reading this article. Keep in mind that this report is not legal advice, just some pointers on procedure that I have gleaned from my taste as a corporate litigation expert for insurance companies. Before I go into the pointers for suit, I would like to say that a great alternative to filing a suit (if you are really in taste with the man you have the dispute with) is an agreed mediation. The cost might be a itsybitsy more than what a suit would cost, but going to a mediation doesn't have the "bully" follow that going to court has. Nobody likes a bully. habitancy and businesses that are hard to deal with may fight even harder if you file a suit, but a lot of times they are not as defensive if you are open to the idea of alternative forms of settlement. With that being said, here are some basics as they reveal to Texas small claims suits. These pointers are not all inclusive and meant solely as a guide for those wishing to embark on a suit without the help of an attorney. really winning your suit will take much more time and research than you can get from this article.
Basic Qualifications
1. In order to file a small claims suit in Texas, your total damages cannot be more than 000.00.
2. You can only sue for monetary damages, not for the return or asset or for an order to make somebody do something.
3. You can only sue for your own damages, not for somebody else's, even if they assign you the right to sue.
4. You can only sue the man or enterprise that really caused the damages (you can't sue the insurance enterprise of the man that hit your car, only the man that hit your car and in some cases, the owner of that car if it wasn't the same person).
5. Unless you are suing for the breach of a contract, you only have 2 years to originate suit.
Getting Started
1. First and foremost, you have to have know who to sue. If it is an individual, then it's simple, just make sure you have their proper name and address. If it is a company, then you need to figure out who the "agent for aid of process" is. You still have to name the enterprise on the actual appeal (the legal complaint requesting suit), but you have to know who to send the complaint to so that it will count. Normally, if the enterprise is a corporation you can call the Secretary of State and they will tell you who the agent is, or if you can't track the facts down on the agent, then name the president of the enterprise or the highest officer of the enterprise as the man you want to have the court "serve".
2. So once you know who to sue and who is going to get the suit papers, you have to figure out the correct precinct based on the address where the man you are suing lives. You will need to determine what County the address is in and then look up in the phone book the number to any of the Justice of the Peace courts, or the municipal court in that county. Once you have one of the courts on the phone, ask them for assistance in determining what precinct the exact address falls into. Now you have the right precinct, just make sure you file the suit in the Justice of the Peace Court for the right precinct in the right county.
The Paperwork
1. The appeal is the first thing you need in order to get a suit going. It is the actual complaint that tells the court who you are suing and why. Don't forget to include the date that the "action" occurred which caused you the damage you are suing for. The Government code sets forth what has to be in the appeal and a lot of times if you talk to the right court clerk, they will either contribute you with a form to fill out, or rejoinder basic questions about procedure (they cannot give legal advice).
2. So if all has gone well, you have been able to find the proper precinct and either fill out a basic appeal or write one up based on the way the Government Code dictates, and now you just need to mail the form to the court.
The Cost
The cost of a small claims suit is relatively cheap. There is some minor fluctuation in the cost based on the charge for aid (the act of really giving the sued man notice of the suit), but in normal a small claims suit can be initiated for less than 0.00. The court will charge a filing fee of around .00 and then the constable will charge in the middle of and to really deliver the notice of suit or extract (a brief note that the court produces that in general says "you have been sued" and provides the man being sued with some basic instructions and deadlines for defending themselves. In most cases, you can just incorporate the payment for filing and aid of the extract into one payment and make it all payable to the Justice of the Peace. You can also ask the court to include your filing and aid cost in the award that you win, provided you win. That's it! Pretty cheap.
The Deadline
After you have filed the suit, you will need to give the court a few days or even a week or so to get the paperwork out to the man you sued. You will have to call the court and ask the clerk for a status on service. Once the paperwork has been properly delivered, the clerk will tell you when "service has been perfected". Once you have this date, write it down because the man you sued has a itsybitsy time to defend themselves. In Texas, the small claims courts give them 10 (business) days following the first Monday after the date they were served. This is not a lot of time and many habitancy fail to file an rejoinder to the suit within the deadline and if you are on top of things you can "move" or ask the court (in writing) for a default judgment (an order stating you won because the other man didn't fight). The good thing about small claims court is that they are ordinarily not sticklers about the form of the requests you send them. The government code allows the Judge to determine the rules, pretty much, so most Justices of the Peace realize that the layman is not trained in proper legal form and if a man just asks for the right thing at the right time, the court will ordinarily help by either providing you with a form, or telling you where to look for an answer. I find that Judges and court clerks truly want to see justice served and if you are sincere and really needed to file the suit in the first place, they can tell and will try and point you in the right direction.
The Details
Sometimes, the man being sued will hire an attorney to rejoinder the lawsuit for them, and in this case, you will probably be a itsybitsy bit confused as the attorney will most likely ask a jury trial and originate with some discovery. Keep in mind, if you get a ask from an attorney saying you have to rejoinder a bunch of questions because of discovery, the rules of small claims court allow for only reasonable discovery which is approved by the Judge (check out the government code). A good way to get around a bunch of paperwork from an attorney is to immediately write a letter to the court and ask that the Judge reveal what the attorney is asking for and limit the questions to what is reasonable. The court will look it over and send it back to you in an amended form. ordinarily they will allow 5 to 10 questions unless your case is really involved and you have witnesses or other questionable evidence. If you have a involved case, then small claims court isn't the place for you anyway. If the Judge says you have to rejoinder questions, remember that you also have the right to ask some basic questions, so just take your lead from the attorney and make sure you know at least as much as about the man you are suing as the attorney is getting about you. If there is no attorney involved, then the court will just set up a time to have a hearing, and unless somebody asked for a jury and paid a small jury fee, the hearing will be a bench trial, meaning the Judge will be the decider of the facts. The best way to win a small claims suit is to be right, hehe. If you are right and the man really owes you money, then make sure you have evidence that supports your claim. Small claims court is a civil venue and the burden of proving the case is on the man suing, so that means you. It's not like a criminal court where you have to prove it beyond a reasonable doubt. You will only have to prove that it is "most likely" the fault of the other man that you suffered the damages you are trying to recover, but you have to sustain your story with evidence like a discover statement, photos, estimates of damages or a receipt, and so on and so on, just use your head and bring with you what you need to show that you did sustain damages, how much they are, and that the other man caused them. Judges have a knack for picking out a liar, so if all you have is the truth, that's okay, but make sure it's the truth.
The Hearing
Your day in court can be scary. The guidance I have for you is to speak only when spoken to, and to make sure you get to your point quickly. Judges are very busy and somebody that can't clearly by comparison why they are there will fast get on the Judges nerves, and that is not a good thing. Put in order and convention saying what you need to say before you go up there. Don't worry about what the other man is going to say, just make sure you say what you need to say. The Judges in small claims courts are ordinarily very patient, but if you are ready and you have all your evidence in line and are ready when he asks you why you are suing, then you will do much better. As the man suing, you will be asked to give your case first. When this happens remember the following tips:
1. Make it short and sweet. No more than 1 itsybitsy should be used to make your opening statement.
2. Tell the judge who did what, when they did it, and how much damage it caused you, and then shut up.
3. Offer your evidence after you have given your short statement.
Here's an example of what I would consider a good opening statement:
"Your honor, on June 19th, at the intersection of Main St. And Park St, Mr. Smith ran a red light, rammed into my car, and caused 18.00 in damages. He has refused to pay for my damages. Here is the mend invoice, estimate, police report, the letters I wrote to him, the rental car bill and pictures of mine and Mr. Smith's car after the wreck."
Conclusion
Small claims court is not that difficult to utilize, but it takes a itsybitsy research, and good nerves and good recordkeeping. Any type of litigation is nerve racking, and without the help of an attorney it can be confusing, but if you can read and are willing to research for the answers you need, you can find them. All the answers you need are ready for free, and in most cases on the internet. Don't sue unless you have tried all things else. Litigation is a last resort but sometimes if you have man or some enterprise that is ignoring you and hoping you will go away, or just refusing to do the right thing and pay for damages they caused, then initiating a suit will force them to address the problem, and sometimes they will even go ahead and pay you instead of taking the time to fight in court. My taste with small claims court is unique in that I represented the interests of an insurance enterprise and had many suits going at once. I got a lot of practice, and I filed a lot of suits. The normal man would rarely have more than one or two small claim suits within their lifetime, but the rules are written so that the habitancy can have way to the courts for matters that are not of too much consequence (up to K). If you have to use the court, then use it, otherwise try and work out your differences in a amiable manner. You would be surprised what the right arrival to resolving a friction can produce. You can find a copy of the Texas Small Claims Statute at www.statutes.legis.state.tx.us/Docs/Gv/htm/Gv.28.htm
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