small claimc court ppt[1]

8/8/2019 Small Claimc Court Ppt[1]

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b

Laura Andrea Morales Ay

Isboset Hanami Trinidad Roj

Reyes Omar Copado D

Viviana Ortega Osu

Arturo Velasco Ort


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` In most states, small claims court is a part of a statemunicipal or other jurisdiction court system.

` Its purpose is to provide a way for residents to resolveminor disputes promptly, fairly and inexpensively.

` Every state sets its own rules for small claims actions.` Those rules may include a maximum dollar amount

one can sue for as well as prohibitions against anypartybeing presented in court by any attorney at asmall claims action.


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` A judge hears small claims cases without a jury anddecides the case on the basis of his or herunderstanding of the facts presented byboth parties.

` When people are successful at small claims court,they get judgments for the money owed to them or torecover for other damages they have suffered.

` The law prohibits attorneys from representing any ofthe parties in a small claims court action, though theparties may consult with attorneys before filing smallclaims action are simple, and the clerk of the court canassist in completing the form.


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`

If the party whom initiated the action does notknow the law, he or she may seek for help.

` The state of California requires that a clerk advise

anyone who is filing a small claims action that an

adviser maybe contacted at no charge.` By using the small claims court, the party filing the

action, called the petitioner or plaintiff, can also

save the cost of paying an attorney to prepare the

complex documents that maybe required formunicipal court.


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` The statute of limitations refers to the time limit

allowed for filing a lawsuit.

` If the suit is not filed before the statute of limitation

expires, the plaintiff maybe denied an award ofdamages even if he can prove that the defendant

caused the damages and was negligent.


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` A claim filed in small claims court cannot exceed thejurisdictional maximum amount in each state plus filingfees.

` Claims maybe filed in person orby mail and may

seek actual and punitive damages forbreach ofcontract, a tort or civil wrong, or violation of a law orstatute.

` A tenant may sue in a small claims court to have hissecurity deposit returned after he vacated anapartment or may sue the landlord and ask fordamages if the landlord fails to correct a health orsafety violation in the apartment.


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` Small claims courts are usually divisions of municipal

or superior courts.` For a particular court to have jurisdiction over a claim,

the lawsuit must be filed in the proper court.` To locate the proper small claims court, a plaintiff

should contact his local municipal courts.

` Under most state laws, a plaintiff may file his claim inany of the following judicial districts:

-Where the defendant resides-Where the injury to person or property occurred-Where a contract was signed

-Where the business in question is located


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` it refers to the geographical location where a lawsuitmaybe filed.

` In most stated the venue requirements for smallclaims court are the same as those for municipal

court.` Consumer protection laws contain special venue

requirements in contract against consumers in order toprotect consumers from merchants who might want tofile an action in a court that is difficult for the consumer

to get to, thus the allowing of the consumers inabilityto appear in court.


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` Collecrion of past child spousal support

` Workers compensation claim

` An unlawful detainer action brought by a landlord

against a tenant

` An action that requires only equitable relief

such as injuction

` An action involving an out-of-state defendant who

cannot be served in the state

ALL THIS MATTERS CANNOT BE HEARD IN

SMALL CLAIMS COURT


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A tort maybe field in small claims cour too.

` Is a private or civil wrong or injury.

` It is a wrong not involving a contract

` And must always be: Damages which are proximately caused by the tortuous

conduct

A violation of a duty which arises by operation of general

law


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` A party to a small claims court can recover as

actual damages only what an itemis worth at the

time of damage.

` Before filling in small claims court, a prospective

plaintiff should determine whether there really is

liabiliy on the defendants part

*liability is the legally enforceable responsibility of

the one person to pay damages to another

person.


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` Damages are awarded to one person in a lawsuit

because of the other persons negligence orunlawful conduct.

` The plaintiff must establish that the defendant

caused his injury or loss. If the plaintiff cannot

prove in court that the defendant is liable, nodamages will be awarded even though the plaintiff

proves he was inured.


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` If someone finds it necessary to file suit against aminor he should also name the minors parent(s) orguardian(s) as defendants.

` There are a few exceptions such as

-a minor on duty with the armed forces

-a legally married minor

-or one who has been emancipated y court order

Minors who fall into one of these classifications are not

considered minors and are treated as adults for alllegal proceedings.


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` It is very difficult to sue minors fo breach of

contract because minors can rescind, orback outof, any contracts they have signed prior to

reaching the age of majority.

` A plaintiff can sue for damages to himself or his

property caused by am minors negligence, but hemay not be able to collect once the court issues a

judgment because minors seldom have much

money.


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` To begin a case in Small Claims Court, the plaintiff, orpetitioner, should go to the small claims court clerksoffice, and fill out the form called the plaintiff statementreturn the form, and pay the filing fee. The clerk then

type out an official plaintiffs claim and order todefendant form and assign the case a number. Onecopy of this form goes to the judge, and another isserved on the defendant. The clerk also assigns acourt date.

omar


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` A small claims complaint is not complete until thedefendant has been officially served with a copy of theplaintiffs claim and order to defendant. The court will notissue a judgment against anyone not properly served.

`

There are four legally accepted methods of service:` Personal service

` Substituted service

` Service by mail

` Service by publication


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` Is made when the plaintiffs claim and order to defendant is

handed directly to the defendant. This type of servicerequires the plaintiff to know where the server can find thedefendant.Any adult except the person bringing the suitcan serve papers on a defendant. The plaintiff may have afriend or relative serve the defendant or may hire the

county sheriff or marshal or private process server to servethe defendant.

` If the defendant refuses to accept the papers, the processserver should leave the documents close to the defendantand leave peaceably. If the person serving the papers does

not know the defendant on sight, the server must makesure he is serving the correct person.


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` If the defendant is difficult to serve in person or if a

corporation or agency is named as a defendant. In

this case the papers are given to a representative

or agent of the defendant. The representativemust be an adult. The plaintiff must mail a copy of

the claim of plaintiff to the defendant at the same

address where the papers were left.


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` The service is valid and binding only after thedefendant has signed for the mail. If he refuses the

mail, the court assumes he was never properly

served. In some jurisdictions the clerk of the court will

do the mailing for the plaintiff. The receipt that isreturned with certified mail goes directlyback to the

clerk of the court. The plaintiff should contact the court

a few days before the court date to make sure the

service of process has been completed.


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` A notice of the proceedings must be published in a

newspaper approved by the court and must run for

a period of time specified by law. Is designed to

resolve issues when the defendant cannot belocated.


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` After the papers have been served, the plaintiff

must file a proof of service with the court. In the

case of substituted service, the proof of servicemust be signed by the person who actually served

the papers on the defendants representative.


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` In small claims court the judge usuallybegins by asking theplaintiff to state his case. The defendant is then allowed toanswer the charges and explain his side of the story. The judgewill often ask both the plaintiff and the defendant a fewquestions. Witnesses will be allowed to testify, and evidence canbe presented at this time.

` If a witness is not willing to appear at the hearing, the plaintiff ordefendant may ask the clerk of the court to issue a subpoena. Asubpoena is a court order that requires the witness to go to thetrial. If one of the parties needs papers to prove his case, he mayask the clerk of the court to issue a subpoena duces tecum, acourt order requiring that certain papers be brought to the

hearing.


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` Direct Evidence

` is that which directly proves a fact and

conclusively establishes that fact.

` Circumstantial Evidence` is indirect evidence. There are two kinds of

circumstantial evidence:

-Certain, from which a conclusion follows,

-Uncertain, from which a conclusion does notnecessarily follow.


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` Hearsay Evidence

` refers to any statement made by someone other

than the witness who is testifying and is offered to

prove the truth of the statement.

` Relevant Evidence

` is that which has any tendency to prove or

disprove any disputed fact that could affect the

outcome of the case, including evidence that

demonstrates the credibility of a witness.


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` Evidence itself is not proof. Proof is the establishmentby evidence of a necessary degree ofbeliefconcerning a fact. The burden of proofis theobligation of a party to establish that degree ofbelievability.

INADMISSIBLE EVIDENCE` There are strict rules that regulate what will and willnot be admitted as evidence in court. Evidence lawsare usually contained in the evidence codes of thevarious states. Small claims courts do not strictly apply

the rules of evidence in their proceedings.


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PROOF BY A PREPONDERANCE

OF THE EVIDENCE` In civil cases the burden of proof is established by apreponderance of the evidence. If one partysevidence is more convincing than his opponentsevidence, the party with the more convincing evidencewill win.

BUSINESSES REQUIRING ALICENSE

` In small claims actions involving a business, manystates require the business to prove it is properly

licensed in order to defend against a claim orprosecute to collect a judgment.


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`

After the judge gas heard from both parties, herenders a decision on a form called the Notice ofEntry of Judgment. Sometimes the decision is givenin the courtroom, and sometimes the judge takes alittle more time to review the case and issues his

decision by mail.` If the defendant fails to appear on the original court

date, the plaintiff maybe awarded a defaultjudgment. This means the plaintiff wins automaticallybecause the defendant failed to show up in court.


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` In small claims court the plaintiff usually cannot

appeal the judges decision. The defendant is the

only party that has the right to appeal. Small

claims court appeals are often filed in superiorcourt in the same county as the small claims court.

On appeal, the appellate court will hear the case

from the beginning and will either uphold or

reverse the decision of the small claims court.


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The wining partybecomes the judgment creditor,and the losing partybecomes the judgmentdebtor.

If the judgment debtor accept the court's decisionand pays the judgment debtor promptly, the

judgment creditor must then file a form calledSatisfaction of Judgmentwith the court.


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If the judment debtor does not willingly pay, thecreditor may have to take additional steps tocollect the judgment.

The judgment creditor mat attempt to collect the

judgment by first sending the debtor a letterrequesting him/her to pay. If the creditor has notreceived payment after 10 days, he/she shouldcontact the court and request a writ of execution.


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Garnishment:

a portion of his/ she wages can be withheld to pay

off his/she debt.

Attachment:the money is seized and is used to pay the debt.

Note:

There are many exceptions regarding which type of

founds maybe attached to pay judgment debts.


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It is often difficult to satisfy a judgment with personal

assets because of the exemption law and the

financial limit imposed for a suit in small claims

court.Sometimes personal property can be seized by writ

of execution and sold to pay the debt.


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There are laws that require a judgment debtor to

fill out a form called Judgment Debtors

Statement of Assets.

This form must be send to the judgment creditorwithin a specified period (usually 30 days) of the

date the judgment becomes effective wxcept

when the debtor pays the debt, files and appeal,

or makes a motion to set aside, or vacate , thejudgment.


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If the debtor does not fill out this form, the creditor

can ask the court to issue a declaration and

order of examination.

This order requires the debtor to appear in courtand answer any question about his/ her assets.


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If the debtor fails to appear, the judge can issue a

bench warrant for his/her arrest.

Abench warrant is an order from the court

authorizing the police to seize a person and havehim/she brought before the court.

small claimc court ppt[1]

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