Sorry folks for being so late with this week’s article. I understand from my internet service provider that a series of sunspot created significant interference was blocking my internet connection. I have been down for 4 days.
All right then to work. Once again I am not a lawyer, I am a paralegal. Also when a layer or a paralegal becomes involved you problem becomes an issue.
Picking up from last week, in small claims court, the court clerk can help you with services of process. For a fee. They will send your opponent a certified letter of your complaint for $15. In some county’s you might even be able to get the county sheriff to make service of process or hand deliver your complaint for $80.
SIDE-NOTE: Service of Process is the methods used by the courts and lawyers to notify someone they are being sued. If you mess up notifying your opponent, your case will be terminated or to but it simply ‘thrown out on its ass’. I will get deeper into that in future posts.
Now there are ‘people’ who get to be sue happy in the small claims court system. You see technically you can file as many court cases as you like. Using the county of Los Angles small Claims rules and regulations. For example, let’s say you file up to 2 complaints asking for $2500 in each case during the same calendar year. Each case costing you $50 dollars in filing fees. However if you file a 3rd, 4th or 5th case during the same calendar year each case will cost you a whole lot more in filing fees. You see each additional case you file will cost you $100 per case. Additionally the amount you can ask for in damages reduces. In the first two cases you filed you asked for the $2500 and if you file a 3rd one you can only ask for $1500. Additionally you can only claim the standard $30 filing fee as part of your damages even though you paid $100 in a filing fee.
SIDE-NOTE: Damages is supposed to mean how much money it will take to repair or fix your problem (issue) and make you ‘whole’. Your Lawyer’s fees, court costs and filing fees do count as damages. Just remember if you file more than 2 small claims court cases in the same calendar year you cannot claim the more expensive filing fees you have been charged as damages. You can only claim the slandered filing fee
Again please forgive me for being late. I will try to make sure tech didn’t become a future issue. Next week’s article will touch on probate and court costs.
Once again I am not a Lawyer… yet. I am a Paralegal. Also lets not forget when a paralegal or a lawyer become involved your problem becomes an issue.
As promised I am now gonna talk about Small Claims court. Small claims court system is a court set up to deal with small problems/issues. For example you move and your landlord refuses to refund your security deposit. You can use the small claims court system to try to force your landlord to pay up. On the flip side your landlord can also file a counter-claim saying you trashed your apartment and you owe them money. If you have a neighbor that won’t keep their dog from pooping in your yard and won’t clean it up you can take them to small claims court to try and force your Irresponsible Owner to pay for a yard cleaning service. Another reason, you may have loaned Cousin Fred $2500 and hasn’t paid you back yet, you can take him to small claims court to try to force him to pay you back. There are hundreds of things you can take into small claims court.
There is a limit on the amount of damages you can ask in small claims court. On average the most you can ask for is $5,000. In some states and or cities you like Los Angles can ask for as much as $10,000. If you want more after then that your case gets moved over in to Civil Court where sky’s the limit.
This is a piece of friendly advice not legal advice. If you are asking for damages over $3000 strong>PLEASE GOD SEE A LAWYER!
SIDE-NOTE: A good rule of thumb the more you ask for in damages THE MORE YOU NEED A LA<wyer!!!
SIDE-NOTE: A counterclaim is when the person you are suing is telling the judge ‘Yeah but the complainant (you) caused me damage too and my damage is more important.
SIDE-NOTE: Damages is supposed to mean how much money it will take to repair or fix your problem (issue) and make you ‘whole’. Your Lawyer’s fees also count as damages.
Now we come to the actual filing fees. Filling fees can vary from city to city and by how much you are asking for in damages.
For example in the county of San Diego California you decide to file a small claims court case asking for $1500 this is going to cost you $30 in filing fee. The same case in Dallas Texas will cost you a $61. Understand though if you ask for more in damages it will mean a higher filing fee. Going back to San Diego if you ask for $5000 the cost jumps up to $50.
strong>SIDE-NOTE</wyer!!!: Service of Process is the methods used by the courts and lawyers to notify the person you are suing that there is now a law suit filed against them. If mess up notifying your opponent, your case ends. I will get deeper into that in future posts.
Next week I’ll finish with small claims, also I might do more opinion pieces