On the application, you must disclose details about your income and assets. Not Helpful 0 Helpful 0. Day of the week you are paid. There are two types of arbitration, binding and non-binding. Please try again later. You must sue in the right court and judicial district. This option is not available everywhere, and does typically require a fee.
Debt Consolidation Forums Payday Loan help forums Small claims court. 05/29/ Has anyone ever been taken to small claims court for a PDL? What should I do at this point. I was served with papers? If you have received a court summon, file a response to it within 30 days by visiting the court that has issued the summon in order freeadultwebcam.cf · People often find themselves seeking repayment of a loan to a friend in small claims court. When a friend or relative asks for a loan, ask yourself, “Why me and not a bank?” The reason the person isn’t going to a lending institution is probably because she has bad credit or doesn’t make timely freeadultwebcam.cf://freeadultwebcam.cf · small claims court if you give up the amount over the small claims value amount, or you may file a claim for the full value of the claim in the appropriate freeadultwebcam.cf
Small claims court is a special court where disputes are resolved quickly and inexpensively. The rules are simple and informal. The person who sues is the plaintiff. The person who is sued is the defendant. In small claims court, you may ask a lawyer for advice before you go to court, but you cannot have a lawyer in court. You must be at least 18 years old to file a claim. If you are not yet 18, you may ask the court to appoint a guardian ad litem. This is a person who will act for you in the case.
The guardian ad litem is usually a parent, relative, or an adult friend. A person who sues in small claims court must first make a demand, if possible. This means that you have asked the defendant to pay, and the defendant has refused. If your claim is for possession of property, you must ask the defendant to give you the property. Unless you fall within two technical exceptions, you must be the original owner of the claim.
This means that if the claim is assigned, the buyer cannot sue in the small claims court. You must also appear at the small claims hearing yourself unless you filed the claim for a corporation or other entity that is not a natural person.
If a corporation files a claim, an employee, officer, or director must act on its behalf. If the claim is filed on behalf of an association or other entity that is not a natural person, a regularly employed person of the entity must act on its behalf.
You may download forms from the California Courts web site. You must sue in the right court and judicial district. This rule is called venue. If you file your claim in the wrong court, the court will dismiss your claim unless all defendants personally appear at the hearing and agree that the claim may be heard.
Your case will be heard by a small claims court commissioner, a temporary judge, or a judge. A commissioner has all the responsibilities and powers of a judge. The length of the statute of limitations depends on whether the person owes you money under a written contract or an oral contract.
Typically you have much longer, as much as 10 years, to file suit regarding a written contract. However, you must sue to enforce an oral contract within one or two years. This can be tricky if you didn't have a repayment schedule with the person, because you have no specific date you can use. Consider consulting an attorney. If someone owes you a significant amount of money, or if you believe they will contest your claim, you may want to get an attorney's advice on how to proceed.
Keep in mind that if you're planning on suing in small claims court, you must have an attorney in many states if you're suing a person who owes money to your company rather than to you as an individual.
If the attorney thinks it's unlikely that you'll win, or that you'll be able to collect the money even if you do win, you may want to reassess your options. If you're concerned about the cost of an attorney, you might seek out attorneys who provide unbundled services, in which they help you with certain aspects of your case — such as preparing your paperwork for the court or drafting discovery documents — but don't fully represent you.
Send a demand letter. Many states require proof that you made a written demand for the money before you file suit. Give the person a brief period of time after he or she receives your letter to respond or pay the money.
Tell him or her that if you don't have a response by that date you will file suit to recover your money. Send your letter certified mail, returned receipt requested, so you know when the person receives the letter. Save your return receipt when you receive it so you have it to prove to the court that the letter was received. Many states have fill-in-the-blank forms approved by the courts for use in filing your claim.
You typically can find forms by looking on the court's website or calling the clerk's office. Some legal aid and self-help clinics also have forms you can use. If you can't find a form, you'll have to format your complaint by hand. You can use copies of complaints filed for other cases in the same court as a guide so you know you're formatting everything properly.
The complaint tells the court what happened and why the defendant owes you money. This information typically is set forth in numbered paragraphs, with one allegation per paragraph. Complete any other required documents. You may want to contact the clerk of the court where you intend to file to determine what other documents must be filed with the complaint to initiate a lawsuit.
You typically will have to fill out a summons and a certificate of service. The summons tells the defendant that he or she must appear in court, and provides details on how to respond to the lawsuit. Once you've finished everything, make copies of each document you're filing with the court. The clerk will keep the originals for the court's records, so you'll need at least one copy for your own records and one for the person you're suing.
Take your paperwork to the clerk's office. Once you've completed all required documents, you must file them with the clerk to begin the litigation process. Some courts allow you to file by mailing your paperwork and fees using certified mail.
You can find out from the clerk if this option is available for you. When you take your documents to the clerk, you must pay a filing fee. This fee will vary depending on the court in which you file. On the application, you must disclose details about your income and assets. If the court determines that your income is below the court's low-income threshold, you won't have to pay any court costs.
If you're filing in small claims court, the clerk may schedule a date for your hearing at the same time you file. Have the defendant served. After you've filed your complaint, you need to follow the court's procedures to provide the defendant with proper legal notice of the lawsuit against him or her. In most cases, the defendant will be served by having the paperwork sent to him or her using certified mail with returned receipt requested.
The return receipt serves as proof that the defendant received the complaint and has notice of the lawsuit. There typically will be a fee for this service. Wait for an answer from the defendant. In most cases the defendant must file a written answer to your complaint within a set period of time after he or she is served. Typically the defendant has between 20 and 30 days to file his or her written answer.
If no answer is filed, you can seek a default judgment against him or her. If the defendant raises any counterclaims, you have a similar period of time to respond to those counterclaims or the defendant can seek a default judgment against you. The defendant also may file motions, such as a motion to dismiss. Did you ever get a response for this? Everything else there is accurate. Related Questions Has anyone had charges pressed againest them or been sued by a payday loan company?
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