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Last Minute Tips for Small Claims Court Trials

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Have a small claims trial coming up real fast?  Sitting in court right now, waiting for the judge to call your case?  Want some last minute tips that will help anyone out?  Here you go.

  1. If You Get Surprised by New Evidence, Ask for a Continuance on That Basis.

“Trial by Surprise” does comply with the right to Due Process and Fundamental Fairness as required by the 14th Amendment to the United States’ Constitution.  You can ask for time to prepare for new evidence by arguing that the right to Due Process requires it.  Make sure you mention that you made reasonable efforts to get all the evidence in advance of trial. read more

Can You Sue a County or City in Small Claims Court? Yes. Free Government Claim Tips.

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In California and most other states, a state, county or city government can be liable for damages when an employee, agent or Board Member of the government commits a Tort, like negligence.  When the damages are less than $10,000 a claimant can use the County Superior Court’s Small Claims Division to get paid.  A person can represent themselves in small claims court and sue the government, either city , county or state by jumping through a couple of hoops.  Here are some basic attorney tips to get you started on the right path if you have a government claim. read more

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

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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

Tips for Getting Your Rental Security Deposit Back. 2017 Update.

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Sure. If your landlord refuses to return your security deposit, or makes false charges against it, you can sue the piss out of the feudalistic offender in small claims court.

Is it worth it? Maybe. There are strong legal penalties for a landlord who makes illegal charges against a security deposit or who fails to return it on time.

Our Recommended Attorney Drafted Self Help Template comes with 30 minutes Attorney Coaching:
Written Notice to Landlord of Intent to Vacate with Demand for Pre Move Out Inspection. read more

Property Disputes: Basic Use and Dangers of a Lis Pendens Filing

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Photos often are good evidence to prove damages in a real property dispute.

Many potential plaintiffs who have disputes with a landlord or property owner have questions about how to use a “Lis Pendens” filing to help their court case. Can it force an early settlement? Are there dangers to recording such a notice?

In this survey article, we present the basics of what a “Lis Pendens” filing is, and we point out the dangers of such a filing when it is not done in accordance with the law.

The Basic Purpose of a Lis Pendens Recording Is to Give Notice of Litigation.
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How to Prepare for Your Small Claims Court Trial; Free Attorney Tips

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The party with the best organized evidence has an advantage in small claims court trial.

Too many people show up for their small claims court trial unprepared, in denial, and/or unaware of what to expect. These failings can sink a case quick. Fortunately for you, there are some basic tips that can help anyone prepare for a small claims court trial. We present them here for you, for free. We hope they help.


1. Imagine Your Small Claims Court Date in Advance.

Most small claims court dates start with a mediation session that the court hopes will result in a settlement of the case without a trial. If there is no settlement prior to the court date or in mediation, the court will hold a trial with one judge. read more

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

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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

Form for Appeal of a Small Claims Judgment to Superior Court is Free

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Defendants who are unhappy with a small claims court judgment have the right to appeal their case to the Superior Court for a new trial called a Trial De Novo.  Although attorneys are not allowed to represent parties in most small claims court trials, attorneys are allowed (not required) in the Trial De Novos.

Here is the form a defendant needs from the California Judicial Council to appeal a small claims court judgment:

http://www.courts.ca.gov/documents/sc140.pdf

Additional Free Small Claims Court forms for many issues are available at: http://www.courts.ca.gov read more

How to Write an Effective Demand Letter for an Auto Accident Insurance Claim

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Car accident not your fault? Some damages but not enough to hire an attorney? Wonder if you can handle the insurance claim yourself? With a little work, yes, you can. Here is how to write a really good first claim letter.

The foundation of any auto insurance claim is the Claim Letter. It is the document where you lay out your case and damages in detail, and demand payment. A well written demand letter serves as a road map for your claim, and can convince the insurance company fighting the claim is a waste of resources. A poorly written Claim Letter can ruin a good claim. read more

Tips from an Attorney on How to Make Sure You Get Your Rental Security Deposit Back.

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Sure. If your landlord refuses to return your security deposit, or makes false charges against it, you can sue the piss out of the feudalistic offender in small claims court.

Is it worth it? Maybe. There are strong legal penalties for a landlord who makes illegal charges against a security deposit or who fails to return it on time.

Our Recommended Attorney Drafted Self Help Template comes with 30 minutes Attorney Coaching:
Written Notice to Landlord of Intent to Vacate with Demand for Pre Move Out Inspection. read more