| Stop getting ripped off by by businesses (or | | | | the television set you paid for and never |
| individuals) that either do shoddy work | | | | received. |
| | | | |
| or they goof up and refuse to correct their | | | | The court cannot order that your ex-husband |
| error. You are not without rights! | | | | be restrained from harassing you. |
| | | | |
| You can take your problem to a special court | | | | |
| (which exists in every county in the | | | | |
| | | | Whom Do You Sue |
| United States).This special court is called, | | | | |
| Small Claims Court. In some | | | | |
| | | | |
| states, the small claims court is called | | | | If you are bringing the lawsuit on, you are |
| "Magistrate's Court". Sometimes, it's | | | | the "Plaintiff". If you are the one |
| | | | |
| referred to as the People's Court. No matter | | | | being sued, you are the Defendant". |
| what it's called, it is a very informalcourt | | | | |
| and offers a quick and inexpensive way to | | | | |
| resolve disputes. | | | | |
| | | | As the Plaintiff, you have to determine the |
| Here are some examples of problems often | | | | proper person to sue. |
| taken to the small claims court: | | | | |
| | | | Sometimes, determining the right person to |
| | | | sue is not so easy. If you are suing the |
| | | | following: |
| A tenant refuses to pay for damages in | | | | |
| excess of the security deposit | | | | |
| | | | |
| A dry cleaner refuses to pay for lost or | | | | Individual - There may not be a problem |
| damaged clothing | | | | here. Simply get their correct nameand |
| | | | address. |
| A business refuses to replace, repair, or | | | | |
| refund faulty merchandise. | | | | Sole Proprietor - Suppose that Jim Smith |
| | | | owns and runs a business called"Jim's Bicycle |
| | | | Shop". If it's a sole proprietor form of |
| | | | business, you need to sueJim Smith, not the |
| Some cases cannot be heard in small claims | | | | business. |
| court. For example, the court cannot order | | | | |
| someone to do something or refrain from doing | | | | Partnership - You need to get the names of |
| something. You would need to go to a higher | | | | the partners as usually all thepartners are |
| court to accomplish this. | | | | responsible for the obligations of the |
| | | | partnership. |
| | | | |
| | | | Corporation - When you sue a corporation, |
| If the damages you are asking for exceed the | | | | you will need the name and address ofthe |
| court limits, then you have to use a | | | | Registered Agent or Officer You need this as |
| different court,and this usually involves the | | | | this is the person who has to be served with |
| assistance of a lawyer. | | | | thenotification of the lawsuit. |
| | | | |
| The court only awards money damages The | | | | |
| court cannot order, for example, a store to | | | | |
| deliver | | | | Where To File? |
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