However, there is no right to a jury trial and Small Claims Court decisions cannot be appealed. Then, the Plaintiff arranges for service of a copy of the completed Claim Affidavit and five 5 other forms from the Small Claims Court packet on the Defendant.
When the Defendant is served a copy of the completed Claim Affidavit, the Defendant has twenty 20 days to do one of the following:. If the Defendant requests a hearing in Small Claims Court, the Defendant has the option of also filing one or both of the following before the date of the hearing:.
Forms are not available for every legal issue or circumstance. If you do not find the form on this website, the form is not available through the North Dakota Legal Self Help Center. You may need to create your own legal documents. Review the forms and instructions carefully! This information can help you decide if small claims is right for you, show you how to resolve your case without going to court, and more.
Please Note : New legislation allows landlords to file a small claims action for unpaid rent for amounts that exceed jurisdictional limits, beginning on August 1, For more information, see Tenant and Landlord Resources. Research Your Case Research the type of case you have so you can be better prepared when you go to court. Collect Your Judgment Learn how to collect the judgment if you win, using tools and instructions on how to work with the other side to get paid.
Search online for lawyers with good reviews or testimonials from previous clients to ensure they are experienced. Contact the Legal Services Program in your area if you cannot afford a lawyer. You can apply for free legal services through the program so you can good legal guidance and advice.
If you do not want to hire a lawyer, you can ask legal questions through the Legal Services Program instead. Part 2. Fill out a small claims form at the county Special Civil Part Office.
You must fill out and file the form at the office in the county where the defendant named on the claim lives or where their business is located. You must file the claim in person at the applicable office. If the defendant on the claim do not live or own a business in New Jersey, you must file the complaint in the county where the cause of the claim occurred.
Provide personal information about you and the person you are suing. List your full name, address, and phone number. You should also include the name and address of the person or business you are suing in your claim.
Include the amount owed and the reason you are filing the claim. List the dollar amount you are owed by the person or business as well as why the defendant owes you money. Sign and date the form. Write the current date and sign the form by hand. This will indicate that everything you noted in the form is truthful and correct.
Part 3. Wait to receive a summons with your court date in the mail. Once your filing form has been processed, you will receive an official summons for court. Both you and the defendant must appear in court on the date and time stated on the summons. Try not to have contact with the defendant before the court date, as you do not want to risk losing your claim by saying something incriminating to the defendant.
You may file your complaint be mail, but if you file it personally you can have the clerk look over it and make sure you're filing it correctly. If you've gotten something wrong, you can make the change then and there. If you succeed in your lawsuit, the defendant will be ordered to pay you back for these filing fees. Have the defendant served. Before the court can hear your case, the defendant must have knowledge of your claim against him.
You will be charged an additional fee for service, which will vary depending on whether you choose to have it served using certified mail or served in person. If your case is in Philadelphia Municipal Court, she must file her answer at least 10 days before the trial date. Gather all documents and information related to your claim. After you've filed your complaint, begin organizing all your evidence and witnesses you want to present at trial.
Line up any supporting witnesses you want to testify on your behalf, and confirm that they are available and willing to attend on the date of your hearing. You also should make sure that your witnesses are prepared to answer any questions you may ask, as well as any other questions you anticipate the defendant or even the judge may ask them. Attempt mediation. Before trial, you will have the opportunity to settle your case with the defendant rather than going to trial.
For example, Philadelphia's Municipal Court has a Court Mediation Program where trained mediators help you and the defendant reach a binding agreement. The mediators are neutral third parties who aren't biased towards either side. If you come to an agreement, it will be put in writing for you to sign and filed with the court so it becomes legally binding. Part 3. Arrive at the courthouse early. On the day of your hearing, arrive at the courthouse in plenty of time to park, go through security, and find your courtroom before the time of your hearing.
Dress in clean, conservative clothing and be respectful and courteous to all court staff. Review courthouse rules before the date of your trial so you know what items are not permitted. If items such as cell phones or pocketknives are forbidden in the courtroom, leave them at home or make arrangements for someone else to hold them while you're in court.
Present your case. Since you are the plaintiff, you will get to present your case to the MDJ first. Before you begin, the MDJ may briefly explain the procedure to you. Ask questions if you don't understand something, but don't interrupt the MDJ while she's speaking. Once the MDJ is certain both you and the defendant understand the procedure, you will be sworn in. You must prove that the defendant is liable for the damages to you, and that the defendant owes you the specific amount of money you're asking the MDJ to award you.
You can ask these witnesses questions, and then the defendant will have the opportunity to ask them questions as well. If this happens, stop talking and respond to the MDJ's question before continuing with whatever else you were going to say. Speak when you have permission to do so and keep quiet otherwise.
0コメント