Category Archives: Damages

Attorney Tips for Presenting a Breach of Contract Claim in Small Claims Court

Share
//pagead2.googlesyndication.com/pagead/js/adsbygoogle.js (adsbygoogle = window.adsbygoogle || []).push({});
breach of contract

Breach of Contract may be the most common cause of action in small claims court.

A Breach of Contract claim is probably the most common basis for a small claims court case. The “Breach of Contract” claim, also known as a breach of contract “Cause of Action”, is pretty straight forward.  But representing yourself in small claims court is never easy.  Need good news?  With some preparation, you can make a basic plan for your breach of contract case that will increase the chances of winning the court trial.  Here are a few self help tips to give you that advantage, in any state. read more

What Auto Accident Damages Can a Plaintiff Claim in Small Claims Court?

Share

driving

driving on the Golden Gate Bridge

Every day in Small Claims Courtrooms across the US, Plaintiffs in car crash claims make a common giant mistake. They fail to ask for all of the auto accident damages the law offers to them. And this means they miss out, because judges can usually only award damages up to the amount the Plaintiff claims in his or her pleadings.

A Plaintiff representing his/her self in a Small Claims auto collision case should prepare in advance a written “Statement of Damages” which lists, and asks for the following categories of damages separately: read more

Need Help Collecting a Small Claims Judgment? Check the Judicial Council’s Web Site

Share

The hardest part of a small claims court experience is often getting paid after winning the judgement. The Court will not collect a judgement for a litigant. The winner of a small claims court judgement must collect on their own.

The good news is that small claims court judgements are enforceable, and if done right, court orders and the Sheriffs Department can help collect a judgment.

To its great credit, the California Judicial Council has prepared a step by step guide, and excellent free forms to help small claims judgement creditors collect. All of their information is official government publication, free, detailed and well written. read more

How to Reject an Auto Insurance Company’s Settlement Offer on an Auto Accident Claim.

Share

Want to know how to reject an auto insurance company’s settlement offer on an auto accident claim? Here are some attorney tips.

Pretend you are sitting at a red light in your beautiful 64 Impala, Alpine blarin’. Suddenly, some dude talking on a cell phone rear ends you. You know he was talking on the phone because during the impact it flew out of his window, and broke your side mirror.

Hello auto insurance claim.

The back end of your car is crushed, and you suffer 1 week of pain and soreness, miss 3 days of work. Your estimate for repair of your vehicle is $5000, and you want payment for your injury. read more

Getting Sued in Small Claims Court for an Auto Accident? Here Are Some Defense Attorney Tips.

Share

Insurance defense attorneys are the experts at defending auto accident claims, big and small. They have a pattern for defending auto accident claims, damages, and negligence causes of action that you might be able to use to your own benefit if you have to represent yourself in small claims court.

Sadly, or happily depending on how you look at it, there are no Insurance Defense Attorneys to help you as a defendant in small claims court if you get sued for that fender bender at the mall.

Yes, the one where the dude says you dented his Harley sounding SUV. read more

Tips for Collecting a Small Claims Court Judgment

Share

Sure, he’s probably a good person somewhere. You heard he helps injured birds on weekends. But you dont give a crap. That suckerphish owes you $xx00.xx for those long distance charges on your home phone bill from the 80s, and $xx00 for those bounced rent checks. And you want your money no matter what, even if you have to get a judgment.

You finally got all of the small claims forms, printed them out, made a binder and a script for court, and showed up on time. As expected, defendant showed up, claiming “loss of memory” or some crap. But you did it! You sued his ASS and had a trial! read more

What Damages Can an Auto Accident Plaintiff Ask for in Small Claims Court?

Share

Every day in Small Claims Courtrooms across the US, Plaintiffs in car crash claims make a common giant mistake. They fail to ask for all of the auto accident damages the law offers to them.

A failure to ask for all available damages means a plaintiff misses out, because judges can usually only award damages up to the amount a plaintiff claims in his or her complaint.

A plaintiff representing his/her self in a Small Clams auto collision case should prepare in advance a written “Statement of Damages” which lists, and asks for the following categories of damages separately: read more

Tips for Rejecting an Insurance Company’s Settlement Offer on an Auto Accident Claim

Share

Pretend you are sitting at a red light in your beautiful 64 Impala, Alpine blarin. Suddenly, some dude talking on a cell phone rear ends you. You know he was talking on the phone because during the impact it flew out of his window, and broke your side mirror. Hello auto insurance claim.

The back end of your car is crushed, and you suffer 1 week of pain and soreness, miss 3 days of work. Your estimate for repair of your vehicle is $5000, and you want payment for your injury.

“Dude”, the other driver does have valid auto insurance, so you expect to be paid. read more

Need Help Collecting a Small Claims Court Judgment? Check the Judicial Council Web Site for Forms, Help

Share

The hardest part of a small claims court experience is often getting paid after winning the judgement. The Court will not collect a judgement for a litigant. The winner of a small claims court judgement must collect on their own.

The good news is that small claims court judgements are enforceable, and if done right, court orders and the Sheriffs Department can help collect a judgment.

To its great credit, the California Judicial Council has prepared a step by step guide, and excellent free forms to help small claims judgement creditors collect. All of their information is official government publication, free, detailed and well written. read more

Attorney Tips for Who Are the Right Defendants in an Auto Accident Case in Small Claims Court

Share

Trying to figure out who to sue to recover your auto accident damages? Do you need to sue the other driver, or their insurance company, or ….

It is no secret that you can sue for damages if you are injured and/or suffer property damage by a negligent driver. An everyday person can even bring a lawsuit on their own without an attorney in small claims court. It happens every court day in California, Texas, New York and other states.

However, many small claims court plaintiffs who sue on their own to recover auto accident damages ruin their own cases before they start by suing the wrong defendants. Here we try to answer the question of who are the correct defendants in an auto accident case……the other driver? The other owner? The insurance company? read more