AVUKAT TUTMADAN DAVAMI KENDİM HALLETTİM... VE PARAM CEBİMDE KALDI!

When people call my office, it's usually because they need an attorney. But there are often times when a situation does not require an attorney. I sometimes tell people, "You don't need an attorney. You can handle this yourself." I direct them to small claims court. Small claims court is a good way for people to save some money. It can be used to collect debts. It can be used to sue for property damage. Are you able to fill out basic forms? Are you good with gathering receipts and other records? Can you stand before a judge and explain your case the way they do on those courtroom reality shows on TV? If so, you could save money using small claims court.

If you have a legal dispute that is moderate in size, you could probably handle it yourself in small claims court. Small claims courts have different money limits. This figure could be $5,000, $10,000, or other figure in that vicinity. For cases exceeding the small claims court's cap, the claimant must go to civil court, superior court, or other court of higher-level jurisdiction.

How do you start? Usually, things begin by filling out a statement of claim form. Keep in mind that different court systems might not use these exact same words for the form. The basic idea is the same though. You use the form to outline information about the person you want to sue, such as their name and address. You describe the matter - contract, debt, damage to property, etc. You state the amount you are suing for.

Can you use an attorney? Some counties let you use an attorney, some do not. How much does the process cost? You'll generally need to pay a small filing fee to start the case. This can be $15, $20, $25... or a dollar figure in that range. This can usually be paid by a check or money order to the clerk of the court in the county where you are starting the action. The clerk will send your papers to the defendant (person you are suing). The defendant can respond with a counterclaim.

After that, a hearing will be scheduled. This is where good preparation skills come in. It means gathering receipts, estimates, photographs, contracts, invoices, and other records to prove your point. Judges in small claims court want to move cases along briskly. They won't have patience for allowing cases to drag on for years, the way large cases sometimes do. They'll make their decision based on the records presented and the statements offered by both sides. The person who seems most credible, and who is prepared with good records often wins.

Not every case is meant for small claims court. In fact, there are certain cases that are not allowed to be brought in small claims court. But for small, straightforward disputes, small claims can help people save money by doing things themselves without an attorney.

Good Luck - Kendinize İyi Bakın

Avukat Timur Akpınar

(718) 224-9824

www.benimavukatim.com

Public Domain Image