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Everybody's Guide to Small Claims Court in California

Everybody's Guide to Small Claims Court in CaliforniaAuthor: Ralph Warner Attorney
Publisher: NOLO
Category: Book

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Rating: 5.0 out of 5 stars 5 reviews
Sales Rank: 553879

Media: Paperback
Edition: 18
Pages: 470
Number Of Items: 1
Shipping Weight (lbs): 1.7
Dimensions (in): 8.9 x 6.9 x 1.1

ISBN: 1413311016
Dewey Decimal Number: 347.79404
EAN: 9781413311013
ASIN: 1413311016

Publication Date: April 4, 2010
Availability: Usually ships in 1-2 business days

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  • Kindle Edition - Everybody's Guide to Small Claims Court in California

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Editorial Reviews:

Product Description
Evaluate your claim, figure out your best course of action and represent yourself in small claims court with this definitive guide

Represent yourself in small claims court and win! Whether you're a plaintiff or a defendant, if you're going to small claims court in California, you need the expertise found in the only guide that provides tips by former judges. Everybody's Guide to Small Claims Court in California shows you how to:

  • evaluate whether you have a winning case
  • mediate a settlement
  • determine how much to sue for
  • write your demand letter
  • file and serve papers
  • prepare evidence and witnesses for court
  • plan a winning courtroom strategy
  • convince the judge that you are right
  • collect your money when you win

    Everybody's Guide to Small Claims Court in California gives you step-by-step instructions to bring or defend your case. From preparing evidence and lining up persuasive witnesses, to making a presentation in court and collecting the money you're awarded, this plain English book leads you through the entire process of going to court without a lawyer. Plus, it's the only book around that helps you factor in out-of-court issues, such as personal relationships, to help you determine whether going to court is worth the potential for recovery.

    The 18th edition is updated with the latest rules and statutes for California's small claims courts, including instructions for accessing local courts and finding out their procedures. (20080302)


  • Customer Reviews:
    5 out of 5 stars Don't Go to Small Claims Court Without It   April 30, 2010
    James Mcritchie (Elk Grove, CA USA)
    1 out of 1 found this review helpful

    I used an earlier edition of this book to help me settle an insurance claim for medical expenses related to a car accident. Because of the book, I got about $500 more than I would have asked for without reading it... AND, I didn't even have to go to court because it made me a better negotiator. What helped me was their guideline of 3-5 times out-of-pocket damages for pain and suffering. I see the 13th edition has similar advice.

    Although I've only had the new book a short time, it was already helpful in putting together a demand letter to a car repair shop that lost one of my high vehicle occupancy lane access bumper stickers. Again, I don't anticipate needing to go to court over the issue but knowing my rights and what is required to go to court made it easier to compose a letter... their samples helped too.

    Basically, the book is a great step-by-step guide, covering everything from legal jargon, getting the necessary forms from the small claims court clerk, and assessing your case to filing court documents, serving the defendant, taking the testimony of witnesses and collecting your money. It offers plenty of helpful facts... e.g., your limited to two cases of $2,500 or more in the same calendar year.

    Knowing your rights and proper procedures is more than half the battle. Like most of the Nolo Press books I used, at least half a dozen, this book does the job, plus you can find updates on their website.



    5 out of 5 stars a must-have users' manual   August 27, 2010
    Robert D. Harmon (Mill Valley, CA)
    1 out of 1 found this review helpful

    Nolo, as usual, gets right to the need: if you are considering going to small-claims court in California -- or if you're on the receiving end of such an action -- this book is for you. And small-claims court is an attractive option: you need pay for no lawyer (and no lawyers can be present), the court does business in plain English, and it will consider claims, usually $7500 max, that most courts or lawyers would not bother with.

    This book shows you, step-by-step, to see if you can use small-claims court, whether you should, what type of claim you could bring, which court location you should use, what forms you need, what demand letters or documents you need to issue. And that's just to start. It's in clear, laypersons' prose, though it does helpfully describe the legal terms that may come up. And it all rings true: as someone familiar with California law, I can tell you that this book accurately, and simply, provides this.

    And they think of everything: if you're a defendant, it shows you not only how to defend but how you might file a counter-claim, since these actions aren't necessarily one-way. It shows how small businesses and other entities, not just individuals, might file or defend small-claims actions. It shows you not just what kind of evidence you might need, but how to assess it (do you even have a case?) and how to present it. It talks about contract disputes, the most common kind of small-claims action, and, given that Contracts is the most daunting kind of law-school course, it's reassuring that you have a court in which this kind of dispute is argued in plain language. It even talks about remedies -- outcomes -- other than simple damages, and how to collect or enforce them.

    The book even tells you how to research relevant law, if that need comes up.

    In short, this book isn't so much about small-claims law, it's about you -- how you would seek justice yourself in this forum. It's a kind of court that would be far easier to use than a formal lawsuit, and this book, indeed, shows you it's not only possible, but a relatively attractive means of redress.

    Highest recommendation, and indispensable if you're even thinking about going to small-claims court in California.



    5 out of 5 stars A Time Tested Resource with State-Specific Advice   June 10, 2010
    korova (Varosha)
    Nolo is well known for its clearly written do-it-yourself guides to handling legal issues. I've used many Nolo products in the past and have always found them to be informative and practical. "Everybody's Guide to Small Claims Court in California" is no exception.

    Anybody who is contemplating filing a small claims court case--or is named as a defendant in one--will find this book to be an invaluable resource. The text is very comprehensive, with guidance in all of the important aspects of small claims court: preparing a case, serving papers, arguing a case in court, and enforcing judgments.

    As with just about all Nolo publications, this book is organized in an extremely straightforward way. Each chapter covers a broad topic, such as Who Can Sue, Witnesses, or Legal Research. After a brief introduction, the text explains the key principles underlying each topic and helps you figure out your legal rights and responsibilities. There are also mini-guides for handling many types of common small claims cases, including landlord-tenant disputes, vehicle accidents, and bad debt collection.

    Nolo also offers a non-California version of this book. The major difference between this book and the "national" version is the inclusion of specific information about small claims court operations and relevant laws in California, with references to specific sections of the Civil and Civil Procedure codes. Personally, I think it would be foolish for a Californian to not use the California version.

    Bottom line: "Everybody's Guide to Small Claims Court in California" is a reliable, no frills-no hype resource for both plaintiffs and defendants in small claims cases filed in California. Five stars.



    5 out of 5 stars More than a simple guide!   June 24, 2010
    V. Ghazarian (New York)
    I stated reading this book expecting a generic guide focused on small court issues in California, but there's a lot more here. This book helped me learn the importance of understanding your rights as an individual when approaching courts. This is definitely primer and one can't expect great court battle implementation details.

    Over all, I highly recommend this to anyone looking into small court issues in California.



    5 out of 5 stars Up to Nolo Press's Usual High Standards   April 27, 2010
    A. J Terry
    1 out of 2 found this review helpful

    In theory people using the small claims process need no legal knowledge; in practice having some is a great advantage. In addition, they need to know how to find and use the forms that must be filed. Small Claims Court in California is a detailed guide to the small claims process for both plaintiffs and defendants. It is eminently practical, beginning with such questions as, Do you have a good case? And if you win, are your prospects of collecting your money realistic?

    From here, attorney/author Ralph Warner guides you through all the steps, from deciding how much to sue for, when you can sue (the California statute of limitations), settling out of court, who can sue, how to sue different kinds of defendants, where you can sue (addressing issues of defendants outside California), court dates, serving papers, and the defendant's options. Warner also explains in detail how you and your witnesses can state your case effectively and make a favorable impression on the judge. Separate chapters give details specific to common small claims cases such as motor vehicle repair, motor vehicle purchase, vehicle accidents, bad debts, landlord-tenant disputes, and small business disputes. The end of the book focuses on judgment, appeal, and how to collect your money. Although California law is referred to throughout, there is a separate chapter on how to research it, both on the Internet and in law libraries.

    Small Claims Court in California is so clearly written that everyone can understand the legal points involved. I highly recommend it as much, much cheaper than the typical $400/hour big-city attorney. Who cannot represent you in California small claims court anyway--but this book also explains how to get free and cheap advice on the small claims process and your particular case.