Handling a Small Claims Case Without a Lawyer

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Күн бұрын

Пікірлер: 56

@oswaldboelcke5470 7 ай бұрын

I have been a lawyer since 1978, and frankly, this is about the best description I have ever heard concerning small claims court. This is something most people could watch, understand, and easily apply. I would urge you to follow up and do even more on it because it is a good community service for people. Not everyone can afford us. Thank you. You are doing something with this video that really matters.

@brigittelm6054 5 жыл бұрын

Small claims in California does not allow attorney to represent parties inside court at trial, only advisory prior and/or outside of trial.

@jmccoomber1659 2 жыл бұрын

Since the parties in Small Claims cases in Arizona - and probably most other states - are not alowed to be represented by an attorney in court, technically everyone who wins a small claims suit does so "without a lawyer," as this video title says. Because the maximum award in Arizona small claims court is $3,499.99, using an attorney to help with pre-trial paperwork would most likely cost more than the plaintiff could win if the case is decided in their favor. This is the reason it's called "Small Claims" and also why neither the plaintiff or defendant is allowed to be represented by an attorney at trial. Superior courts take over when damage claims exceed $3,500, and both sides have the right to legal representation. Both plaintiff and defendant/respondent would undoubtedly be best served by investing in an experienced civil attorney since there are many detailed documents (complaint, answers, discovery, motions, etc., etc., etc.) that must be filed and messing up one or missing a deadline could be a costly mistake. In cases with relatively small damage amounts (like under $5,000), it's often worth sueing for a smaller amunt to keep the case in Small Claims court and make the defendant represent him- or herself. In many cases this results in settlement before trial because the defendant doesn't want to deal with the hassle of filing answers and other court documents and showing up in court for trial.

@AntiMasonic93 5 жыл бұрын

If it falls under one of the hearsay exceptions, then that piece of evidence can be admissible at the court's discretion. So, hearsay evidence is not always excluded.

@victormalyar9200 5 жыл бұрын

He said there is no jury in small claims court in Arkansas,here in New York city there is one but at the defendant's expense.

@bacchus111 9 ай бұрын

I sue telemarketers in Small Claims Court. They contacted me so I sue in my county so I sue here. In the past I have won many cases. But a new commissioner was hired after the old judge retired. The new commissioner will not rule in my favor. Her most egregious ruling was when the defendant said I should not be in the White Pages. She ruled for the defendant who had call me and was warned twice before calling again. I have been on the Do Not Call List for 20 years. Rules won't let me change venues. I will try getting her recused before giving up.

@paloma_lopez 3 жыл бұрын

Thanks for the tips

@skaterlover1999 3 жыл бұрын

What happens when you go to small claims and find out during the proceeding that the court tampered with your evidence (spoliation of evidence)? For example, the judge scolds you for the pictures you submitted to the court. However, the pictures he scolds and discredits you about you were made known by the judge himself, they had been ALTERED by the court and according to the judge, were unviewable. If the pictures you submitted were in COLOR, how could that not be tampering? Per covid, you had to submit evidence, which includes very important pictures, in COLOR, NOT black and white, dark, and grainy as the judge indicated he could not view or use as evidence.

@Ro-Bucks Жыл бұрын

did you do diligence and keep copy's of your files and evidence? You need to be able to prove it, if you can prove it you can sue the court house. If the government did something wrong to you and you can prove it, you can sue the government. If you can't prove it you have no case at all.

@Lani-Grace 3 жыл бұрын

If I am severely psychologically damaged bye-bye injuries am I allowed to have a stand-in I live in the state of California if you don't know do you know somebody in California who does I have received severe psychological damage and financial damage I truly need somebody to stand in court for me they've done so much damage I'm suicidal and I won't be able to stand in court like that it'll exacerbate everything

@martyca6 5 жыл бұрын

What can you do if you went over the statute of limitations and you will have good reason.

@FreedomKingChannel 2 жыл бұрын

I have so many people I want to take to court!

@droberteirvenlatasa2355 3 жыл бұрын

Hi just a Q. Will I be able to file a small claims case if I am not a resident of US. (E.g business process outsourcing services agreement contract) wherein I am from outside US and the client is in the States. What are my best chances/option?

@afrancisco2077 3 жыл бұрын

I'm watching from philippines God bless

@circlesphere 5 жыл бұрын

There are states were hearsay is acceptable for small claims.

@ayorindemicheal4177 5 жыл бұрын

I paid for something but I didn’t have a receipt but I have text messages and the voice recorder when I paid

@marleymo1876 5 жыл бұрын

Ayorinde Micheal thats considered evidence just print it out showing the date in the printed picture will be just fine! Thats considered evidence!

@marleymo1876 5 жыл бұрын

You can screen shot and if u have ios it will say on screen! Also get recordings on tape and bring a player with you. Im in a similar cit and thats what i plan on doing

@icarus0823 Жыл бұрын

thank you

@michelleribalta9218 Жыл бұрын

I need your help please

@71490rec 4 жыл бұрын

I am being sued in a money claim. The Plaintiff is in Colorado and my business is in Virginia. Will I need to appear in my state or the plaintiff's state? All of my dealings were in my home state I have never done business in Colorado.

@johnstanley8091 3 жыл бұрын

You have to challenge the jurisdiction

@jmccoomber1659 2 жыл бұрын

You have to show up or be represented by an attorney in the court where the case was filed. This is often why plaintiffs file Small Claims cases in their home jurisdiction knowing the defendant is may states away - they likely will settle before trial because it's too expensive to show up, or just not show and get a default judgment against them since Small Claims does not allow you to be represented by an attorney. You need to talk to a lawyer, DO NOT just ignore this or you will lose by default!

@Stashmo 6 ай бұрын

@@jmccoomber1659Many jurisdictions now allow video appearances.

@uuubeut 5 жыл бұрын

CA doesn't allow lawyers in small claims

@tutsecret499 3 жыл бұрын

How small claims for neighbor disturbance gambling game day and night on weekends and sometimes during the week. The neighbor is a chronic disturbance. I want to sue to stop the disturbance. The gambling game activity hits my ceiling every 2 minutes all day and night until the visitors leave their place and stop the game. Sometimes they continue the game even after the visitors already left. I can't use my living room.

@Stashmo 6 ай бұрын

Small claims cases are generally limited to money matters.

@nahndiu 4 жыл бұрын

So some one had hit my car and they gave me the run around. Someone informed me that they have weaseled their way out of it before, and told me what happened. I have facebook messages to show. Would that be good enough? OR would I have to bring that individual to court as a witness?

@jmccoomber1659 2 жыл бұрын

It's always best to bring the witness to court. In many cases, unless the witness is questioned under oath in court and available for the defence to cross-examine, the evidence will not be admitted. Usually only a sworn affidavit is admissable if the witness is not available, and they must have a good reason for not being there.

@niaepps8552 3 жыл бұрын

Do I need to show evidence that someone said they was going to pay me back I live in N C

@jmccoomber1659 2 жыл бұрын

You ALWAYS need evidence to prove a debt in court. You can subpoena the person and make them testify, but don't be surprised if they lie. People who promise to pay and don't usually don't have any trouble lying, even to a judge.

@missdesireindependance5194 3 жыл бұрын

Do the judge do payment plan if the person can’t afford to pay back? I have a restraining order on the person I’m planning to sue.

@daphnie7 5 жыл бұрын

THANK U! ar-Kan-sis !!

@aarongarza4769 3 жыл бұрын

It’s Ar - kan - Saw.

@citticat2 5 жыл бұрын

An attorney cost $500+ hr.

@jmccoomber1659 2 жыл бұрын

True! You can sometimes get a lower rate if you hire the lawyer for the case instead of by the hour but it still usually works out to at least $200 an hour. Alternatively, look for low-cost legal aid services, and some areas even offer free legal representation if you are low-income.

@citticat2 2 жыл бұрын

@@jmccoomber1659 Legal Aid represents you if you are getting sued and the county does have a legal service but unfortunately from personal experience these retired lawyers who donate their time don't know the latest laws and you go to court looking like a fool when judges says go back a find a lawyer who knows the laws.

@jmccoomber1659 2 жыл бұрын

@@citticat2 Sorry to hear that's how it is where you are. In my small Northern AZ area the legal aid has a lot of lawyers currently working in firms with various specialties, I was able to get what amounted to about $1,000 of free legal help in a property title case. It was a great experience. I guess each area has different opportunities fo those in need. I always recomend folks in need of legal help give it a try, they might find the help they need or at least get moving in a positive direction.