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Get TrustedReviews' award-winning reviews, opinions and advice delivered to your inbox for free! Answer the following questions to determine if your claim qualifies for small claims court. If you answered "Yes" to any of these questions, you are ineligible to file in Small Claims court. If you answered "No" to all of the questions, the following information may be helpful in filing your claim in the Justice of the Peace court. In most cases, the courts recommend first sending the opposing party a letter by certified mail, giving them notice that if they fail to pay damages within 30 days, legal action will be initiated. Step 2 Determine in which Justice of the Peace Precinct it is appropriate to file your claim. Pick up the one-page small claims petition at the appropriate Precinct, or call them and ask them to mail you one. It is your burden as a plaintiff and it is important that you understand that for any potential judgment you may preceive to be valid, it is necessary for you to sue the defendant in his or her proper legal capacity, of which there are typically three. Proof: You may attach copies of invoices, receipts or documents you intend to bring to the court.
When you have completed and filed the petition, a citation along with a copy of your petition will be served to the defendant notifying him that a suit has been filed against him in J. After the defendant is served, the defendant must file a written answer either denying any civil liability or acknowledging the debt. The earliest date on which a trial can be set is the 1st Monday following the expiration of 45 days. If you have witnesses to your law suit who will not come to the court voluntarily, you may ask the court to subpoena those individuals prior to trial.
Subpeona: An order signed by the judge, ordering a person to appear in court as a witness or to bring documents.

As a plaintiff, you have the burden of proof to show by the preponderance of the evidence. Once you have a judgment, the court does not collect the money for you, nor can the court force an indigent to pay the judgment. This type of suit does not warrant hiring an attorney; however, you are free to do so if you wish, as is the defendant. On the petition, you name the party or parties you are suing, the amount of the damages you are seeking and give an explanation of the lawsuit.
If you file in the wrong precinct, there is the possibility the defendant will challenge the location of the court hearing. The following are documents you may file after you have obtained a judgment from the court. An abstract puts a lien on any real property the defendant may own in a particular county where the Abstract is recorded. The Writ of Garnishment is also available thirty days after the final judgment has been signed. A Turnover order is available before and or after the judgment is signed and its purpose is to provide a court-ordered means of reaching property which cannot easily be reached through ordinary legal process and which is not exempt from attachment, execution, etc. You need to file in the appropriate courthouse for the precinct where the defendant lives or in the precinct where the controversy occurred. Should you file against the wrong entity, you will have to begin again and possibly have to pay trial expenses caused by filing against the wrong party. If you are suing a corporation or other entity you must obtain the name of the agent for service.
An additional $45 fee is required to reach each defendant named in the lawsuit who needs to be served with a petition by the court. If he does not contest the petition, the defendant can make a separate agreement with the plaintiff that the judge will sign either before or at the hearing.
This means that you must demonstrate to the court that more likely than not, the defendant you are suing is the proximate cause of your damages in the legal capacity in which defendant is sued.
If you receive a judgment against the defendant, the court can issue various instruments to assist you in collecting the judgment.

It is recommended to attach copies of invoices or documents you intend to bring to the court so the defendant has an idea of the basis of the lawsuit, especially when you are suing a business. These documents are designed to help you collect the money awarded to you in you judgment. This document authorizes the Sheriff or Constable to seize any assets belonging to the defendant that are subject to this writ.
An attorney should be used because the courts clerical staff will not be able, by law, to assist you in drafting the documents that are necessary. If you’re not sure what precinct is appropriate, call the precinct nearest you and ask. You may request an Abstract of Judgment, Writ of Execution, Writ of Garnishment and Turnover Order. She was kissing my friend and I thought, 'Oh, this can't be happening.' It was bad and I was much older than you think throwing a water balloon. Be comprehensive enough with the allegations so that a third party having no knowledge of the suit could read the petition and understand your claim for damages.
You are ordering the bank or third party to freeze the monetary assets or non-exempt property and to appear and make answer to the Garnishment suit. Gormekte oldugun resim kisi taraf?ndan The Sims Social Can You Date Bella ile alakal? olarak isaretlenmis.
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