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Make Sure Your Case Is Appropriate for Small Claims Court. Every state limits the amount of money you can ask for in a small claims case. Get Your Documents in Order. Prepare Your Witnesses. Practice for Your Day in Court. Be on Your Best Behavior. Be Prepared to Go the Distance.
When a plaintiff sues you for money or the return of property, you can defend yourself in civil court. You have another legal remedy if the plaintiff is actually at fault. You can counter sue. Countersuing involves suing the plaintiff while his or her case is still pending against you by filing a counterclaim.
Legally, you can assert a counterclaim for your emotional distress, but it won't work, so don't bother. Your best revenge to the filing of a frivolous suit is to simply get it dismissed by the Court.
You usually have three years to file a claim in small claims court. This time limit is called prescription. It's the amount of time you have to file a claim before your right to sue expires. The time limit begins when you learn about the elements supporting your claim.
Type your letter. Concisely review the main facts. Be polite. Write with your goal in mind. Ask for exactly what you want. Set a deadline. End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand. Make and keep copies.
The Defendant could Counterclaim against the Claimant for injuries to the Defendant that the Defendant says the Claimant caused. A Defendant can also Counterclaim for money owed for a different matter. For example, let's suppose a Claimant sued Defendant for the return of a guitar worth $500.
HOW TO COUNTERSUE. If you believe the party suing you owes you money, you can countersue. As the defendant you would file a Defendant's Claim (Form SC-120). You must have a copy of the Defendant's Claim served on the plaintiff(s) at least 5 days before the trial date.
Type your letter. Concisely review the main facts. Be polite. Write with your goal in mind. Ask for exactly what you want. Set a deadline. End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand. Make and keep copies.
If so, that's good newswhen someone fails to pay a judgment voluntarily, the easiest way to collect is to garnish the person's wages. But usually you can't garnish a welfare, Social Security, unemployment, pension, or disability check.