how to file a small claim court lawsuit by yourself

BubbaGump By BubbaGump, 11th May 2013 | Follow this author | RSS Feed
Posted in Wikinut>Business>Law

This will help you understand how to file small claims lawsuit

Some tips on filing small claims by yourself




If you do have legal problems, you can file a small claim court lawsuit without the presence of a lawyer. A lot of people hires lawyer for small claims, but you don't need to hire them because you can argue for yourself by law in small claim court without a lawyer. Most small claim court case is easy to argue so you don't need to hire an attorney. You're spending extra money if you do hire one. Lawyers charge for doing your case, and you will end up with a smaller compensation if you have to pay your lawyer.

Most small claim court cases can be sued up for $5000. Any amount less than $5000 can be sued in small claim court, and this will vary slightly in different state.
It will take awhile, like a month or two before you will get your case to be heard by a judge, so prepare to wait. You won't get your judgement right away or your problems solve within days. It will takes months before you will get it solved.

If you don't have the time, and rather not sue then you should not sue.
The outcome of any lawsuit is not predictable so you should not try to incur any related cost while waiting because you might not win the money that you need to pay for it.

However, if you have sufficient evidence, or see the fault of the other party highly then you have a high chance of winning your case. You can tell if you have enough evidence against the defendant. In order to sue, you have to first ask the other party to settle the problems outside of court, and give them a chance to fix it outside of court. You have to do this in writing. Next, if they refuse to take care of the problems, then you can proceed to sue them.

This is a question on your lawsuit application. It will ask you if you gave the other party an opportunity to resolve the matter outside of court. When you sue, the lawsuit will be on your public record for several years, and it will reflect upon you when you apply for a job or for loans, or for credit or for anything else that is important, when they conduct a background check, or public record check for you.

I think it's better to not have such a record, since finding a job is more important than winning a few thousand dollars. It will ruin your record. It makes you look like someone who like to sue, unless it's a big deal. Employers certainly don't like employees who sue about everything. They're afraid that you will sue them later on if you have problems.

You will ask yourself if you have enough standing in order to sue, or a reason to sue, if you do have a good reason, then you can sue. The judge can dismiss your case if it's lack of standing and merit. You will also need sufficient physical evidence against the other party in order to sue. You can't sue if you lack evidence, even if the case is plainly the other party's fault. You will need some evidence. You can try
but the judge might not give you a judgement without evidence.

Next, you will need to fill out the lawsuit application. You will need to know the other party's name, address, some personal information in order to sue them. Your application need to be complete in order for it to be processed or it could be delay.
After you will fill it out and turn it in, you will need to serve the other party by a third party, someone who is not interested in the lawsuit.

After you file the lawsuit, you will wait for the case hearing date. If you don't show up on time or show up at all, your case can be dismiss. When you should up to court, you might be in court with lots of other parties who have small suit like you. Your case might be heard in front of all of those people. When it's your turn, you and the other party will face the judge and you will get a chance to tell the judge what happened. It's imperative that you have your evidence in person so you can show to the judge. Without your evidence, you will risk not winning your case. You will hear of the judgment there in person or by mail.

Tags

Law, Lawsuit, Legal, Small Claim Lawsuit, Sue

Meet the author

author avatar BubbaGump
Hi! Bubba here. Thanks for visiting my page. Have a Bubba day.

Share this page

moderator Steve Kinsman moderated this page.
If you have any complaints about this content, please let us know

Comments

Add a comment
Username
Can't login?
Password