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