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Filing & Winning Small Claims

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How to File Pre-Trial Motions in Small Claims Court

In a small claims case, the person most likely to seek a pre-trial motion is the defendant. The most common pre-trial motion is to ask for an adjournment because the defendant just received the notice, [more…]

How to Make Motions During Trial in Small Claims Court

You can make a motion during a small claims trial. Of course, if both sides are representing themselves without the assistance of counsel, there’s little likelihood that either side will have the expertise [more…]

How to Make a Post-Trial Motion in Small Claims Court

Post-trial motions in small claims may be made immediately after both sides present their respective cases, or they can be made after the case is over and the judge has rendered a decision. [more…]

How to Raise Objections in Small Claims Court

You may need to make an objection during your small claims trial. Anytime you see a trial on television or in a movie, you can bet at some point one of the lawyer characters will jump up and yell, “I object [more…]

How to Handle Hearsay at Your Small Claims Trial

Hearsay is a term you may hear repeatedly at your small claims trial. Knowing what to do when this term is brought to bear may help you win your case. [more…]

How to Handle Dismissals in Small Claims Court

When it comes to small claims courts, a dismissal isn’t a good thing. Having your case dismissed at any time during the proceedings usually creates problems you may not be able to fix. [more…]

How to Handle Inquests in Small Claims Court

An inquest is essentially a trial without the defendant being present in small claims court. But it’s important to understand that you can lose an inquest. You don’t just win because you showed up. [more…]

What You Should Know About Security Deposit Disputes for Small Claims Court

The most common reason for landlords and tenants to end up in small claims court is the landlord’s refusal to return the tenant’s security deposit. The purpose of a security deposit is to ensure that the [more…]

How to Get Your Security Deposit Back in Small Claims Court

Getting your security deposit back when faced with a small claims suit is much easier if you follow a few rules, starting with when you first move into a new rental. You’ll have an easier time getting [more…]

What You Should Know about Small Claims Disputes with Condominium or Homeowner’s Associations

Condominium boards and homeowners’ associations often end up in small claims court with members who haven’t paid their dues, fees, or assessments annual charges or special charges to pay for the upkeep [more…]

What You Should Know about Small Claims Disputes over Down Payments

It’s not uncommon for a person to put a down payment on a house, then have the deal fall through, landing you in small claims court. If the seller is the one who calls off the deal, she usually authorizes [more…]

What You Should Know about Unlicensed Businesses in Small Claims Cases

Business lawsuits are one of the biggest areas that both plaintiffs and defendants make mistakes about in small claims case preparation. The most glaring mistake involves unlicensed businesses. If the [more…]

How to Bring a Small Claims Case over a Car

Car issues are a common source of litigation in small claims court. Being a mechanical object with numerous moving parts, cars don’t always behave as they should, even if they’ve been properly repaired [more…]

What You Should Know to Sue an Airline in Small Claims Court over Lost Luggage

Lost or damaged luggage is one of the major headaches of travel. Many people often want to use small claims to recover the value of items lost with their luggage. Most often, the luggage isn’t lost, it’s [more…]

What You Should Know to Sue a Moving Company in Small Claims Court

A common small claims dispute involves a plaintiff suing a moving company for damaged furniture or lost property. Moving companies are not regulated by state or local government; they’re regulated by federal [more…]

What You Should Know about Bailments for Small Claims Court

A bailment is a temporary transfer of possession of property from one person — the bailor — to another — the bailee. This is common in small claims court because it’s not a transfer of ownership. It’s [more…]

What You Should Know about Small Claims Disputes Over Loans to Friends or Relatives

People often find themselves seeking repayment of a loan to a friend in small claims court. When a friend or relative asks for a loan, ask yourself, “Why me and not a bank?” The reason the person isn’t [more…]

What You Should Know about Wedding-Related Lawsuits in Small Claims Court

What makes these small claims cases difficult is that the problem arises at a once in a lifetime event. Even if you get married more than once, this particular wedding is still a unique one-time occurrence [more…]

What You Should Know about Pet Lemon Laws for Small Claims Court

Because people love their pets like children, small claims cases can arise when problems with our pets do. Pet lemon laws give you, the purchaser, a right to return the animal if the animal is sick, to [more…]

What You Should Know about Professional Service Bills for Small Claims Court

In many cases that end up in small claims court, after the clients received services, they decide they didn’t get what they paid the professional for, or their great-grandpa, who hasn’t left the nursing [more…]

How to Make a Case for Malpractice in Small Claims Court

When a professional fails to perform up to community standards for that profession, he may be sued for malpractice in small claims court. Malpractice is a type of negligence. The most common types of malpractice [more…]

How to Sue for Property Damage in Small Claims Court

One of the most difficult kinds of small claims cases for a plaintiff to prove is property damage claims arising from a flooded basement. Obviously it’s easy enough to prove there was a flood; that’s not [more…]

Should You Appeal Your Small Claims Suit?

How and when you find out who won in small claims court is a key element in the appeal process. It’s important because your time to appeal starts to run when each side gets notice of the small claims decision [more…]

How to Appeal a Small Claims Case if You Win

Why would you want to appeal a small claims case if you won? Most people who win are satisfied and don’t want to appeal, but in a few possible scenarios you may consider it: [more…]

How to Appeal a Small Claims Case

You can’t just sit back and rest after you decide to appeal your small claims case. You have decisions to make and actions to take. Generally, small claims court appeals are decided on the written submissions [more…]

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