Hostage Taking Is China – s Small-Claims Court – Foreign Policy, small claims court washington.#Small #claims #court #washington


Hostage Taking Is China s Small-Claims Court

Small claims court washington

When dozens of men stormed the Shanghai branch of USGFX, an Australian foreign currency trading firm, in July, the employees were terrified. Held hostage as assailants sealed the exits, the 20 employees — all Chinese — had their phones seized and only got food and water after they begged for sustenance. While 17 of the staff were freed within 24 hours, the remaining three were held for five days.

But despite the hostage drama, there were no SWAT vans at the premises, nor did local media show any interest. The company tried in vain to get the police involved, with initial reports suggesting that up until the day the situation was resolved, the police presence was limited to a visit by a few — possibly just one — officers from the local economic crimes unit.

In China, where it’s utterly unremarkable for one side to take hostages when financial disputes crop up, the story was no more interesting than a civil lawsuit. Given how reticent the authorities are to intervene, taking hostages is frequently seen as a better route than appealing to the courts. In fact, the courts are sympathetic to certain types of hostage taking: When debt is involved, the law considers it a lesser offense than taking hostages for ransom, and it is classed as “unlawful detention” instead. In practice, police often don’t even consider it to be an offense at all.

In 2010, one government hospital even refused to hand over a newborn baby to his parents so they would pay up for the birth costs. The baby was kept in the hospital for more than three months.

“Virtually all of the time, the police studiously seek to avoid getting involved,” said Dan Harris, a high-profile lawyer who specializes in Chinese law. “They see their job as maintaining social harmony.”

“The most common reason, by far, for someone to get taken hostage is when their company allegedly owes money to a Chinese company. They are typically resolved by the foreign company paying every dollar allegedly owed,” he said. “I am not aware of any instance in which there has been a compromise. Sometimes, though, when a company pays enough, we can line up a team and free the hostage.”

It makes a lot of sense for Chinese police to avoid getting involved in financial disputes, even when hostages are taken. One side of the dispute might be connected with a local government office or powerful business. Even if they’re not particularly powerful, they could launch protests, and the police might be blamed. It’s also fairly cheap and easy for one side to hire thugs, who may be better prepared for a fight than the police.

But the police are also predisposed to see it as none of their business. Public security is broken into two areas: minshi and xingshi. Translated loosely, they can be considered civil and criminal issues, respectively. When it’s a financial dispute, rather than a hostage taken for ransom, police generally consider it more of a minshi issue and thus more in need of mediation than law enforcement, if it requires any police input at all. Debt kidnappings aren’t the only situation this applies to: Even in fights with quite serious injuries, the police often attempt to negotiate a payoff to the injured party instead of bringing charges.

The theme of the wise official mediating among disputants has long been a staple of Chinese literature. In the modern context, the strangeness of the police’s dual role as social mediators and law enforcers has been noted by Fordham University professor Carl Minzner. Minzner attributes it to the authoritarian system’s top-down approach to dealing with tensions between citizens and the state and to the Chinese Communist Party’s refusal to allow the development of independent legal bodies that could deal with such disputes.

Harris’s China Law Blog repeatedly stresses the risks of being taken hostage in China over debts. In many cases, the best move for foreigners facing such circumstances is simply to get out of the country before the thugs reach you.

Often, precious little can be done to protect alleged debtors from thugs, and the courts and the police are of little help. This helplessness was on full display when two Indian businessmen were taken hostage for 20 days in the Chinese trading hub of Yiwu in 2012. The case came to a head when a court ordered that the two businessmen — who had been taken to court by the angry locals who had seized them — be released. The enraged mob proceeded to ignore the ruling. Authorities later managed to spirit the two men to Shanghai while the case was processed.

The case, of course, stirred up alarm in India — not least because an Indian diplomat sent to try to resolve the situation became caught in a violent fracas and was subsequently hospitalized. But Chinese authorities were, and still are, ill-equipped to understand the foreign perspective on these cases. Nationalistic Chinese tabloid the Global Times was oblivious to the root cause of Indians’ distress and was instead content to chalk it up to nationalism. The editors couldn’t grasp that most countries don’t see kidnapping as a legitimate response to debt.

As for the people who decide to take hostages, there are a pretty clear set of incentives — sometimes it works. In 2015, when investors around the country were left high and dry by Fanya Metal Exchange — a fraudulent government-backed trading scheme that was even advertised by staff of top banks — they formed a mob and grabbed the CEO, Shan Jiuliang, themselves, delivering him to police custody. In that instance, he was not arrested, but investor representatives managed to extract promises from him regarding their investments.

There are, of course, limits to taking hostages without a police backlash. If those taking the hostages are wielding weapons or take innocent bystanders captive, they are far more likely to draw attention from the police. In 2015, a desperate Gansu man leapt in a car in Nanchang, Jiangxi province, and took the driver hostage with a knife and commanded the driver to take him to the police. He was angry because his boss owed him money, but lacking any clues as to the whereabouts of said boss, he grabbed a random driver instead. He ordered the driver to call the police but ended up arrested himself and spent six months in prison.

The lack of police involvement in these debt-hostage situations, coupled with the economic downturn, makes China a ripe environment for loan sharks. One case that occupied headlines this year involved a debt collector who hired a gang of thugs to terrorize a 23-year-old man named Yu Huan and his mother to get a debt repaid. The police did not intervene, and Yu ended up grabbing a knife and killing one of the attackers after they pushed his mother’s head into the toilet.

Yu was initially sentenced to a life sentence, though this was reduced to just five years after a public outcry. The Southern Weekly newspaper suggested at the time that the death had only occurred after police had left the scene of the scuffle, leaving Yu desperate. Yu’s attorney indicated during the proceedings that they were considering suing the police for dereliction of duty.

This, it would seem, was finally enough to spur police action.

The authorities examined the case and exonerated all the police involved, saying they had only left to call for backup.

Photo credit: FREDERIC J. BROWN/AFP/Getty Images

David Dawson is a journalist and editor in Beijing.



Justice Court – Town of Washington, small claims court washington.#Small #claims #court #washington


small claims court washington

Elizabeth K. Shequine – Town Justice

Jeff Feigelson – Town Justice

Louis Spagnola III Deputy Constable

  • Court Clerk Hours Monday through Friday, 9:00 AM 12:00 Noon
  • Court is held every Tuesday, excluding the 1st Tuesday of the month, beginning at 5:00 PM.
  • Special Prosecutor 2nd Tuesday
  • District Attorney Public Defender 4th Tuesday
  • Email: [email protected]
  • The Court handles all cases within the Town of Washington and the Village of Millbrook.
  • Acceptable Payments: Cash, Money Order or Credit Card (additional fee applies)
  • The Court Clerk may answer questions about court procedures but cannot give legal advice.
  • The court is created under, and governed by the Unified Justice Court Act.

The Town of Washington Court hears formal civil cases when either the Plaintiff or the Defendant resides in, is employed in or has a place of business within the Town.

Defendants are not guaranteed legal representation in civil court as they are in criminal court but may retain legal representation. People with low income may wish to contact Legal Services of the Hudson Valley which is funded, in part, by the US Department of Health and Human Service, the New York State Office for the Aging, and Dutchess County.

VEHICLE AND TRAFFIC COURT

Cases charging the commission of a traffic infraction within the town limits are filed in the Town of Washington Justice Court. Information regarding how to proceed with a traffic ticket may be found on the back of the ticket issued to the motorist. If the motorist responds by pleading not guilty, the Court Clerk will schedule a trial. The Court conducts non-jury or bench trials for violations, offenses and vehicle and traffic cases. If the motorist pleads guilty by mail, a fine letter will be issued that instructs the defendant on procedure and amount of payment.

The Court hears small claims cases up to a maximum amount of $3000 when the Defendant resides in, is employed in, or has a place of business within the Town. Individuals and sole proprietors of businesses may bring a suit against an individual, corporation, partnership, association or assignee in Small Claims Court by filing a claim with the Court. There is a filing fee of $10 for claims up to $1000 and $15 for claims up to $3000. You may not file a claim in Small Claims Court for over $3000. Small Claims Court is intended to provide a simple, informal and inexpensive procedure for prompt determination of small claims.

The Court hears Summary Proceedings/Evictions when the property and the Respondent are located within the Town. These proceedings include non payment of rent or holdover evictions. Plaintiffs may claim the full amount in dispute as there is no limit on the amount of the claim for which the Court has civil jurisdiction in such cases. The Court hears both residential and commercial landlord/tenant cases.

The Town of Washington Court hears criminal cases originating within the Town and has full jurisdiction for non-felony cases (misdemeanors and violations) to accept guilty pleas or hold trials. On felony charges, the court conducts the arraignment and preliminary inquiry and may set bail or hold without bail. If the charges are not reduced to misdemeanors, the Town Court transfers them to Dutchess County Court for final disposition. The Town Court may not accept pleas in felony cases.

Defendants have the right to legal counsel and to choose a jury trial or non-jury trial for misdemeanor cases. The Dutchess County Public Defender s Office provides legal services to criminal defendants who have been determined to be indigent.

A Town Justice may perform civil marriage ceremonies. To schedule a marriage ceremony, contact the Justice Court Clerk at 677-6366.



How to File Small Claims Court California, Small Claims Filing, small claims court process.#Small #claims #court #process


small claims court process

Welcome to smallclaimsdepartment.com.

Small claims court process

We’re so glad you found us. Smallclaimsdepartment.com now processes Small Claims cases in the Western United States . We started out Filing and Serving Small Claims cases in California in 1993. The success has now brought us into Washington , Oregon , Nevada , Arizona , Texas , Washington and New York .

If you’ve found this site, there is somebody (or company) who owes you money. If you entrust us with your claim, we will aggressively, accurately and assertively process your case!

The motto of smallclaimsdepartment.com has always been:

We Prepare, File, Serve, File Proof of Services on your case. By the time we are finished, you are ready to go to court.

Simply fill-out our online questionnaire, sit back and let us do the work.

Your job: Go to court, win your case, and get back what is rightfully yours!

Small claims court process

Small claims court process

Small claims court process

Small claims court process

Small claims court process

Small claims court process

Small claims court process

Small claims court process

Small claims court process

Your only responsibility in the small claims process is to

show up at the hearing and win your case.

Small claims court processSmall claims court processSmall claims court process

Small claims court process

Small claims court process



New York City Small Claims Court>, small claims court process.#Small #claims #court #process


Starting a Case

Anyone 18 years of age or over can sue in Small Claims Court. If you are younger than 18, your parent or guardian may sue on your behalf. Only an individual can sue in Small Claims Court. Corporations, partnerships, associations, or assignees cannot sue in Small Claims Court. However, they can be sued in Small Claims Court. If you are a corporation, partnership, association or assignee, you can bring a Commercial Claim or Consumer Transaction. For more information, click on Commercial Claims and Consumer Transactions.

In general, the person suing is called the claimant. The person being sued is called the defendant. You may sue more than one person at the same time.

You must be the proper person to sue in Small Claims Court. For example, if you are involved in an accident while driving an automobile that is not registered in your name, you cannot sue for the damage caused to the automobile during the accident. Only the registered owner of the automobile can sue for the damages caused to the automobile.

To learn more about bringing a Small Claims Court case, continue reading below. You can also read the law on this procedure, by clicking on Civil Court Act section 1803.

Small claims court process

Where to Sue: Venue

A claimant must begin the lawsuit in the proper county. In general, a claimant can sue in the county where either party resides. If no party resides within the City, the action can be brought in the county where either party has employment or a business address. If the defendant does not have a residence, employment, or have a business address within the City of New York, you cannot bring the lawsuit in the Small Claims Court. To find the location in your county, click on Locations.

Small claims court process

Starting the Case

To begin an action in Small Claims Court, a person, or someone acting on his or her behalf, must come to the Small Claims Court Clerk s office in the proper county and fill out a statement of claim. To find out where the clerk s office is located in your county, click on Locations. To find out when the Small Claims Court Clerk s office is open, click on Court Hours. You may also use an outside service to fill out your statement of claim and electronically file it with the Court. If you are interested in starting your case this way, click on electronic filing.

The person filling out the statement of claim must be able to explain the reason for the lawsuit, know the amount of the claim, and have the correct name and address, including zip code, of the person or business that is being sued. If you are not sure of the correct name of the business, you should go to the County Clerk s office in the county where the business is located and look up the certificate of doing business, photocopy the certificate and bring it to the court. The person filling out the statement of claim must be able to explain the reason for the lawsuit, know the amount of the claim, and have the correct name and address, including zip code, of the person or business that is being sued. If you are not sure of the correct name of the business, you should go to the County Clerk s office in the county where the business is located and look up the certificate of doing business, photocopy the certificate and bring it to the court. View and print the small claims claim form.

You can watch a short tutorial to explain how to fill in the form.

Small Claims Form Instructions:

Video (run time: 4:52 minutes/seconds, Windows Media format )

Small claims court process

You will have to pay the court fee to file your claim. If your claim is for an amount up to and including $1,000.00, there is a fee of $15.00. If your claim is for an amount over $1,000.00 and up to $5,000.00, there is a fee of $20.00. The fee must be paid by cash, certified check, money order or bank check made out to Clerk of the Civil Court. Personal checks will not be accepted.

The clerk will give you a date for the hearing. Small Claims Court hearings are usually held at 6:30 p.m. If you are a senior citizen, a disabled person, or a person who works during the evening, you may request that your small claims hearing be heard during the day. You or the person appearing on your behalf must show proof of age, or disability, or nighttime employment. The proof can be in the form of a letter from your job or from a doctor, a driver s license showing your birth date, or other similar documents.

If you live outside the City of New York and want to sue a party within the City of New York, you may file your claim by mail. Contact the Small Claims Court Clerk s office in the county where the defendant lives, works or has a place of business to obtain the necessary form.

Small claims court process

The court system does not provide electronic filing at this time. However, several private vendors provide this service. The service provided by each of the vendors is different, and you must review their requirements. We advise that you review this entire website, as it offers a lot of information on how to proceed with your case.

The current vendors are:

Small claims court process

Notifying the Defendant

After your claim is filed, the Small Claims Court clerk will serve a notice of your claim by sending it to the defendant. The notice of claim tells the defendant when to appear in Small Claims Court, and includes a brief statement of your claim and the amount of money you are requesting.

The notice of your claim will be sent to the defendant by certified mail and by ordinary first class mail. If the notice sent by ordinary first class mail is not returned by the post office within 21 days as undeliverable, the defendant is presumed to have received notice of your claim, even if the notice of claim sent by certified mail has not been delivered.

If the post office cannot deliver the notice of your claim (for example, the defendant may have moved without leaving a forwarding address), the court clerk will give you a new hearing date and will tell you how to arrange for personal delivery of the notice to the defendant. Anyone who is not a party to the small claim and who is 18 years of age or older can personally deliver the notice of claim to the defendant. The claimant or any other party to the action may not serve the notice of claim personally on the defendant.

If the notice of claim cannot be served on the defendant within 4 months after you filed your claim, your claim will be dismissed. If you learn new information about the defendant s location at a later date, you can file your claim again.

A small claims case will not proceed to trial until the defendant has been served with a notice of your claim.

The defendant may want to file a counterclaim. For information about this procedure, click on Counterclaims.

Small claims court process

Preparing for Court

Before the date of the hearing, you should gather all the evidence that supports your claim or your defense. Evidence may include: photographs, a written agreement, an itemized bill or invoice marked paid, receipts, at least two itemized written estimates of the cost of services or repairs, a canceled check, a damaged item or article of clothing, or letters or other written documents. If there are records that are not in your possession, you may wish to subpoena them to be produced at the hearing date. For information about this procedure, click on Subpoenas.

You should also prepare any witnesses you plan to testify at the hearing in support of your claim or defense. The testimony of a person who has special or expert knowledge and experience concerning the subject of your claim may be necessary for you to prove your case. For example, if your claim involves the quality of medical care, you must find a doctor who is willing to give an opinion, in court, about the quality of the care you received. While you might find an expert witness who will testify at no cost to you, it is more likely that you will have to pay for an expert witness testimony.

If a witness, other than an expert witness, will not testify voluntarily, you can serve the witness with a subpoena requiring them to appear in court and testify. For information on how to do this, click on Subpoenas.



Small Claims Cases, Provincial Court of British Columbia, small claims tribunal.#Small #claims #tribunal


Small Claims Cases

On June 1, 2017 there were changes in the laws governing Small Claims cases. Cases involving up to $5000 now go to the Civil Resolution Tribunal. The Provincial Court now deals with cases from $5001 to $35,000 in its “Small Claims court”. This page describes Small Claims court generally, and how matters may move from the Civil Resolution Tribunal to Small Claims Court.

Types of disputes you can bring to Small Claims court

The Small Claims Act gives the Provincial Court authority to decide cases when people (or other legal entities such as companies or societies) sue one another for up to $35,000 in claims for:

  • debt or damages
  • recovery of personal property or opposing claims to person property
  • performance of agreements about personal property or services.

The Provincial Court does not have the power to grant remedies in cases involving:

  • an interest in land
  • personal property security
  • bankruptcies
  • trademarks
  • wills and estates
  • libel and slander
  • malicious prosecution
  • residential tenancy (though Residential Tenancy Branch orders may be enforced in Provincial Court)
  • almost all builders’ lien matters, and
  • lawsuits against the federal government.

For cases that can’t be brought to Provincial Court, see the websites of the BC Supreme Court, Residential Tenancies BC, or the Federal Court of Canada.

Different procedures apply to Small Claims cases, depending on the amount of money involved and the court location.

  • Claims up to $5000
  • Claims for $5001 to $10,000 in Vancouver and Richmond
  • Claims for $10,001 to $35,000 in Vancouver and Richmond, and

$5001 to $35,000 in other Provincial Court locations

However, in any Small Claims trial if you do not have a lawyer you may find it helpful to bring a trusted friend or family member with you to provide emotional support, take notes, and organize documents. The Provincial Court has adopted Support Person Guidelines that explain when you are permitted to have a support person help you, and what they can do. For more information on Support Persons see this eNews article and poster.

Claims up to $5000 must be taken to British Columbia’s new online Civil Resolution Tribunal (CRT) in cases involving:

  • debt or damages
  • recovery of personal property or opposing claims to person property
  • performance of agreements about personal property or services.
  • claims for libel, slander or malicious prosecution
  • claims for or against the government
  • claims excluded from the authority of the CRT by regulations (there are no such exclusions now)
  • a constitutional question (any question requiring notice under section 8 of the Constitutional Question Act)
  • a question of whether there is a conflict between the Human Rights Code and another law.

The CRT will provide a three-stage process involving:

  1. negotiation – first you will communicate online with the other party to see if you can quickly settle the dispute between yourselves
  2. facilitation – if that doesn’t work, trained CRT staff will try to help you settle
  3. adjudication – if you can’t resolve the dispute, a Tribunal member may make a decision and it can be enforced like a court order in the Provincial Court, unless you or the other party files a notice of objection.

For more information about the Civil Resolution Tribunal and how to use it, visit its website and the BC government website.

Will Provincial Court deal with claims under $5001 in any way?

The Civil Resolution Tribunal Act requires that disputes within the CRT’s authority, to be called “Tribunal Small Claims”, must go through the CRT process. However, a claim for less than $5001 will still come to Provincial Court in certain circumstances. For a quick overview of the pathways to Provincial Court see this flowchart.

When the CRT refuses to resolve a claim

The CRT can refuse to resolve a claim within its jurisdiction for several reasons, including that the claim:

  • is too complex or otherwise impractical for the CRT to manage or resolve
  • doesn’t disclose a reasonable claim or is an abuse of process
  • has been resolved through a legally binding process
  • involves a constitutional question or conflict between the Human Rights Code and another law or when the CRT is satisfied a Provincial Court Judge would grant an application for exemption if one were made.

When a party applies to Provincial Court to be exempted from the CRT

You may apply to Provincial Court for exemption from the CRT process and a judge may order the CRT not to facilitate or adjudicate a claim if:

  • the CRT doesn’t have jurisdiction (legal authority), or
  • it is not in the interests of justice and fairness for the CRT to facilitate or adjudicate the claim.

You must file an application for exemption in Provincial Court within 14 days after a response is made in the CRT. The CRT Act sets out factors a judge may consider.

When a party files a notice of objection

In adjudicated matters

If you are not satisfied with a CRT adjudicator’s decision you can file a notice of objection with the CRT within 28 days after you receive the decision. When that happens, the CRT final decision is not binding and it’s not enforceable.

But if you or the other party wants to pursue your claim or counterclaim in court, you can then file a Notice of CRT Claim in the Provincial Court and serve (deliver it to) the other party. The documents filed in the CRT become the pleadings (the documents setting out the claim and reply) in Provincial Court, and you will have a trial conference, if necessary followed by a trial, in Provincial Court.

In “default” matters

In cases where a defendant didn’t file a response in the CRT but did file a Notice of Objection to the CRT decision in Provincial Court, there will be a settlement conference in Provincial Court, followed by a trial, if necessary. A settlement conference is held since the parties didn’t participate in the dispute resolution process at the CRT.

Enforcement of CRT orders

Both negotiated consent orders and final decisions of the CRT can be filed in the Provincial Court for enforcement. Once filed, a CRT order has the same force as a Provincial Court judgment, and can be enforced using the same procedures. The Court enforces Residential Tenancy Branch orders in a similar way.

Claims for $5001 to $10,000 in Vancouver and Richmond

In Provincial Court in Vancouver and Richmond, Justice of the Peace Adjudicators may hold one-hour simplified trials for cases with a money value of $5001 to $10,000. In a simplified trial you or your lawyer will be asked to state the facts, file any documents you rely on, and respond to the other party. The Justice of the Peace Adjudicator may ask you questions, ask you to swear to the truth of your statement, permit witnesses, and allow you or your lawyer to ask the other party questions. They will provide their decision immediately or within not more than 30 days.

Claims for $10,001 to $35,000 in Vancouver and Richmond, and $5001 to $35,000 in other Provincial Court locations

These cases may be called “Small Claims” but we know how important they are to the people involved. The procedures for these cases haven’t changed – there is just a higher dollar limit.

Small Claims Court procedures are set out in the Small Claims Rules. They’re designed to be simple so people can feel comfortable proceeding without a lawyer if they don’t have one. However, consulting a lawyer can be very helpful. Some lawyers now provide “unbundled” services, helping you develop a plan to prepare and present your case and doing only the tasks you hire them for. At a minimum, a lawyer can tell you what you need to prove to establish your claim or defence, and advise you on the evidence you’ll need. For ways to get legal advice or find a lawyer see Getting a lawyer or legal advice.

You generally begin your Provincial Court Small Claims appearances by attending a settlement conference with a judge. If you can settle your dispute there you need not return to court. If you are not able to settle, you may be required to attend a trial conference to ensure everyone is prepared for trial. After that, you will be given a date for a trial, where a different judge will hear you and the other party and any relevant witnesses you bring to court, and make a decision based on the evidence presented in the trial. See Self Help Guides for tips on preparing for trial.

For more information see:

The Peoples Law School offers step-by-step guidance on working our every day legal problems and a question and answer service. The Civil Resolution Tribunal’s Solution Explorer also offers information and tools. For alternatives to court, try the free, secure, online negotiation services offered by Small Claims BC or a private mediator. If you can’t settle your claim that way you can still go to the CRT or to court, depending on the value of your claim.

This website provides general information only and should not be used as legal advice.



Small Claims Cases, Provincial Court of British Columbia, small claims tribunal.#Small #claims #tribunal


Small Claims Cases

On June 1, 2017 there were changes in the laws governing Small Claims cases. Cases involving up to $5000 now go to the Civil Resolution Tribunal. The Provincial Court now deals with cases from $5001 to $35,000 in its “Small Claims court”. This page describes Small Claims court generally, and how matters may move from the Civil Resolution Tribunal to Small Claims Court.

Types of disputes you can bring to Small Claims court

The Small Claims Act gives the Provincial Court authority to decide cases when people (or other legal entities such as companies or societies) sue one another for up to $35,000 in claims for:

  • debt or damages
  • recovery of personal property or opposing claims to person property
  • performance of agreements about personal property or services.

The Provincial Court does not have the power to grant remedies in cases involving:

  • an interest in land
  • personal property security
  • bankruptcies
  • trademarks
  • wills and estates
  • libel and slander
  • malicious prosecution
  • residential tenancy (though Residential Tenancy Branch orders may be enforced in Provincial Court)
  • almost all builders’ lien matters, and
  • lawsuits against the federal government.

For cases that can’t be brought to Provincial Court, see the websites of the BC Supreme Court, Residential Tenancies BC, or the Federal Court of Canada.

Different procedures apply to Small Claims cases, depending on the amount of money involved and the court location.

  • Claims up to $5000
  • Claims for $5001 to $10,000 in Vancouver and Richmond
  • Claims for $10,001 to $35,000 in Vancouver and Richmond, and

$5001 to $35,000 in other Provincial Court locations

However, in any Small Claims trial if you do not have a lawyer you may find it helpful to bring a trusted friend or family member with you to provide emotional support, take notes, and organize documents. The Provincial Court has adopted Support Person Guidelines that explain when you are permitted to have a support person help you, and what they can do. For more information on Support Persons see this eNews article and poster.

Claims up to $5000 must be taken to British Columbia’s new online Civil Resolution Tribunal (CRT) in cases involving:

  • debt or damages
  • recovery of personal property or opposing claims to person property
  • performance of agreements about personal property or services.
  • claims for libel, slander or malicious prosecution
  • claims for or against the government
  • claims excluded from the authority of the CRT by regulations (there are no such exclusions now)
  • a constitutional question (any question requiring notice under section 8 of the Constitutional Question Act)
  • a question of whether there is a conflict between the Human Rights Code and another law.

The CRT will provide a three-stage process involving:

  1. negotiation – first you will communicate online with the other party to see if you can quickly settle the dispute between yourselves
  2. facilitation – if that doesn’t work, trained CRT staff will try to help you settle
  3. adjudication – if you can’t resolve the dispute, a Tribunal member may make a decision and it can be enforced like a court order in the Provincial Court, unless you or the other party files a notice of objection.

For more information about the Civil Resolution Tribunal and how to use it, visit its website and the BC government website.

Will Provincial Court deal with claims under $5001 in any way?

The Civil Resolution Tribunal Act requires that disputes within the CRT’s authority, to be called “Tribunal Small Claims”, must go through the CRT process. However, a claim for less than $5001 will still come to Provincial Court in certain circumstances. For a quick overview of the pathways to Provincial Court see this flowchart.

When the CRT refuses to resolve a claim

The CRT can refuse to resolve a claim within its jurisdiction for several reasons, including that the claim:

  • is too complex or otherwise impractical for the CRT to manage or resolve
  • doesn’t disclose a reasonable claim or is an abuse of process
  • has been resolved through a legally binding process
  • involves a constitutional question or conflict between the Human Rights Code and another law or when the CRT is satisfied a Provincial Court Judge would grant an application for exemption if one were made.

When a party applies to Provincial Court to be exempted from the CRT

You may apply to Provincial Court for exemption from the CRT process and a judge may order the CRT not to facilitate or adjudicate a claim if:

  • the CRT doesn’t have jurisdiction (legal authority), or
  • it is not in the interests of justice and fairness for the CRT to facilitate or adjudicate the claim.

You must file an application for exemption in Provincial Court within 14 days after a response is made in the CRT. The CRT Act sets out factors a judge may consider.

When a party files a notice of objection

In adjudicated matters

If you are not satisfied with a CRT adjudicator’s decision you can file a notice of objection with the CRT within 28 days after you receive the decision. When that happens, the CRT final decision is not binding and it’s not enforceable.

But if you or the other party wants to pursue your claim or counterclaim in court, you can then file a Notice of CRT Claim in the Provincial Court and serve (deliver it to) the other party. The documents filed in the CRT become the pleadings (the documents setting out the claim and reply) in Provincial Court, and you will have a trial conference, if necessary followed by a trial, in Provincial Court.

In “default” matters

In cases where a defendant didn’t file a response in the CRT but did file a Notice of Objection to the CRT decision in Provincial Court, there will be a settlement conference in Provincial Court, followed by a trial, if necessary. A settlement conference is held since the parties didn’t participate in the dispute resolution process at the CRT.

Enforcement of CRT orders

Both negotiated consent orders and final decisions of the CRT can be filed in the Provincial Court for enforcement. Once filed, a CRT order has the same force as a Provincial Court judgment, and can be enforced using the same procedures. The Court enforces Residential Tenancy Branch orders in a similar way.

Claims for $5001 to $10,000 in Vancouver and Richmond

In Provincial Court in Vancouver and Richmond, Justice of the Peace Adjudicators may hold one-hour simplified trials for cases with a money value of $5001 to $10,000. In a simplified trial you or your lawyer will be asked to state the facts, file any documents you rely on, and respond to the other party. The Justice of the Peace Adjudicator may ask you questions, ask you to swear to the truth of your statement, permit witnesses, and allow you or your lawyer to ask the other party questions. They will provide their decision immediately or within not more than 30 days.

Claims for $10,001 to $35,000 in Vancouver and Richmond, and $5001 to $35,000 in other Provincial Court locations

These cases may be called “Small Claims” but we know how important they are to the people involved. The procedures for these cases haven’t changed – there is just a higher dollar limit.

Small Claims Court procedures are set out in the Small Claims Rules. They’re designed to be simple so people can feel comfortable proceeding without a lawyer if they don’t have one. However, consulting a lawyer can be very helpful. Some lawyers now provide “unbundled” services, helping you develop a plan to prepare and present your case and doing only the tasks you hire them for. At a minimum, a lawyer can tell you what you need to prove to establish your claim or defence, and advise you on the evidence you’ll need. For ways to get legal advice or find a lawyer see Getting a lawyer or legal advice.

You generally begin your Provincial Court Small Claims appearances by attending a settlement conference with a judge. If you can settle your dispute there you need not return to court. If you are not able to settle, you may be required to attend a trial conference to ensure everyone is prepared for trial. After that, you will be given a date for a trial, where a different judge will hear you and the other party and any relevant witnesses you bring to court, and make a decision based on the evidence presented in the trial. See Self Help Guides for tips on preparing for trial.

For more information see:

The Peoples Law School offers step-by-step guidance on working our every day legal problems and a question and answer service. The Civil Resolution Tribunal’s Solution Explorer also offers information and tools. For alternatives to court, try the free, secure, online negotiation services offered by Small Claims BC or a private mediator. If you can’t settle your claim that way you can still go to the CRT or to court, depending on the value of your claim.

This website provides general information only and should not be used as legal advice.



HM Courts – Tribunals Service, small claims court uk.#Small #claims #court #uk


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10 November 2017 — Press release

Swifter justice for London fare dodgers

More than 3,000 tube and bus fare dodgers have been sentenced through a revolutionary new digital sentencing system.

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First Courts Tribunals Service Centres launched

The country’s first Courts Tribunals Service Centres will be launched in Birmingham and Stoke-on-Trent.

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Those who go above and beyond to help victims and witnesses through often traumatic court experience have been recognised at a national awards ceremony.

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Opening stage of employment tribunal fee refund scheme launched

The first people eligible for employment tribunal fee refunds will be able to apply from today, the government has announced.

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Personal applicants can now apply for probate online

HMCTS details how personal applicants can now apply for probate using new online service.

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    PLEIS-NB • Public Legal Education and Information Service of New Brunswick, small claims court forms.#Small #claims #court #forms


    small claims court forms

    Small claims court forms

    Small Claims Court Forms

    All forms mentioned below are available from the Clerk s Office upon request.

  • Form 3: Third Party Claim (to include a party the Defendant feels is responsible for the claim)

  • Form 6: Request for Judgment (to proceed with claim if no Response or if claim is admitted)

  • Form 7: Default Judgment (to record a judgment where no response, where claim is admitted, or where terms of payment agreement not met)

  • Form 10: Payment Agreement (to write down the agreement made at a payment hearing)

  • Form 12: Summons to Witness (to require a person to attend a hearing as a witness)

  • Form 14: Judgment (to record the Adjudicator s decision when a party s claim is successful)

  • Form 19: Notice of Appeal (to tell the parties there is an appeal to the Court of Appeal)

  • Form 20: Affidavit of Service (to prove you served documents to parties or witnesses)

  • Form 21: Consent to Act as a Litigation Guardian (to apply to make or defend a claim on behalf of someone under 19 or disabled)

  • Form 24: Warrant to Apprehend (to request a sheriff s officer or the police bring a witness to the hearing)

  • Form 25A: Certificate of Adjudicator (certifying a witness failed to attend a hearing or remain in attendance as required)

  • Form 25B: Certificate of Adjudicator (certifying a witness refused to do something at the hearing that the witness was required to do)

  • Form 26B: Memorandum of Satisfaction of Judgment (By Application) (signed by the Adjudicator once he or she has received sufficient evidence on an application that the judgment has been paid)

    Small claims court formsBack to Civil and Family Courts

    Disclaimer: Please note that our website contains general information about the law. This is not a complete statement of the law on particular topics. We try to update our publications often, but laws change frequently so it is important for you to check to make sure the information is up to date. The information in our publications is not a substitute for legal advice. To receive legal advice about your specific situation, you need to speak to a lawyer.

    Small claims court forms



  • How to File a Case in Small Claims Court (with Pictures), small claims court costs.#Small #claims #court #costs


    How to File a Case in Small Claims Court

    In small claims courts, individuals can file lawsuits quickly and inexpensively. You can file suits against individuals, corporations, partnerships and other entities. Each state sets the maximum amount that you can sue for in these courts. The dollar amounts range from $2,500 to $25,000. [1] Rules for filing a case in small claims court vary between states and even counties. Before filing your case, be sure to check with your county clerk or an attorney to find out the rules in your state.

    Steps Edit

    Part One of Four:

    Reviewing and Evaluating Your Case Edit

    Small claims court costs

    Small claims court costs

    Small claims court costs

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    Small Claims, small claims court costs.#Small #claims #court #costs


    Small Claims

    A small claims case is a legal action filed in county court to settle minor legal disputes among parties where the dollar amount involved is $5,000 or less, excluding costs, interest, and attorneys’ fees. Forms that have been approved for statewide use are located within the Florida Small Claims Rules. The clerk of court may also be able to provide you with copies of appropriate forms.

    A small claims action begins by filing a Statement of Claim. Small claim cases should be filed with the clerk in the appropriate county. Filing fees for small claims actions are established in the Florida Statutes and local county ordinances, and are subject to change by legislative action. The clerk of court may be able to provide information on filing fees.

    After filing, each person or business being sued must be served with a summons/notice to appear in court on a date and time scheduled when the initial claim was filed. A copy of the Statement of Claim should be attached as provided in the Florida Small Claims Rules. Additional fees are required for service of process on the parties being sued. The court may schedule an initial pretrial conference and also order the parties to mediation to resolve problems. Defendants may file counterclaims, set-offs, or third party complaints as provided in the Florida Small Claims Rules. Practice and procedure may vary from county to county. The clerk of court in the county where the action is filed should be contacted for local practices and procedures.

    The court cannot collect money damages for you. You may wish to consult with an attorney for advice on how to collect a judgment.

    Educational Videos

    These videos will soon be available as an alternative to the text descriptions above. The videos attempt to provide information on common issues that self-represented people have in small claims cases. Please note that these videos are not legal advice, and cannot be relied upon as such. If you have questions about this video or about the small claims case process that are not answered by these videos, please consult an attorney.

    The Small Claims Case Process (coming soon)

    Forms Relating to a Small Claims Action

    The forms that may be required for a small claims case may vary from county to county. For the most accurate information regarding the forms necessary in your county, please contact your county self-help or small claims office.

    Additional Resources

    The following is a list of additional resources that may be helpful in self-help cases.

    Locations

    For locations of courthouses, clerks’ offices, or legal assistance programs in each circuit/county in Florida, please refer to the State Map below. Identify the circuit in which your case will be filed and click on the blue circuit link below to see locations that may be important to you.

    The State of Florida Map of Judicial Circuits

    Small claims court costs

    Directory (With Associated Counties)



    How to File a Case in Small Claims Court (with Pictures), small claims court costs.#Small #claims #court #costs


    How to File a Case in Small Claims Court

    In small claims courts, individuals can file lawsuits quickly and inexpensively. You can file suits against individuals, corporations, partnerships and other entities. Each state sets the maximum amount that you can sue for in these courts. The dollar amounts range from $2,500 to $25,000. [1] Rules for filing a case in small claims court vary between states and even counties. Before filing your case, be sure to check with your county clerk or an attorney to find out the rules in your state.

    Steps Edit

    Part One of Four:

    Reviewing and Evaluating Your Case Edit

    Small claims court costs

    Small claims court costs

    Small claims court costs

    Small claims court costs

    Small claims court costs

    Small claims court costs

    Part Two of Four:

    Small claims court costs

    Small claims court costs

    Small claims court costs

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    Small claims court costs



    Small Claims Court FAQ, how to take someone to small claims court.#How #to #take #someone #to #small #claims #court


    Small Claims Court FAQ

    Questions

    In a handful of states, including California, Michigan, and Nebraska, you must appear in small claims court on your own. In most states, however, you can be represented by a lawyer if you like. But even where it’s allowed, hiring a lawyer is rarely cost efficient. Most lawyers charge too much compared to the relatively modest amounts of money involved in small claims disputes. Happily, several studies show that people who represent themselves in small claims cases usually do just as well as those who have a lawyer.

    The answer depends on the state in which you live. Many states allow either party to appeal within a certain period of time, usually between 10 and 30 days, and obtain a new trial. In many states, appeals must be based solely on the contention that the judge made a legal mistake, and not on the facts of the case. Other states have their own unique rules. For more information, see Nolo’s article Appealing a Small Claims Court Case.

    Yes. States establish rules called “statutes of limitations” that dictate how long you may wait to initiate a lawsuit after the event giving rise to the lawsuit occurs. Statutes of limitations rules apply to all courts, including small claims. For more information about time limits for lawsuits, see Nolo’s article Statutes of Limitations: Is It Too Late to Sue? For various statutes of limitations in your state, see Nolo’s Chart: Statutes of Limitations in All 50 States.

    The limit is normally between $3,000 and $10,000, depending on your state. For instance, the maximum is $5,000 in New York, $10,000 in California, $7,500 in Minnesota, and $5,000 in Vermont. Recently, there has been a trend toward increasing small claims court limits. To find out the limit in your state, see Nolo’s article How Much Can I Sue for in Small Claims Court?

    Assuming the other party lives or does business in your state, rules normally require that you sue in the small claims court district closest to that person’s residence or headquarters. In some instances, you also may be able to sue in the location (court district) where a contract was signed or a personal injury occurred (such as an auto accident). Check with your small claims clerk for detailed rules.

    If a defendant has no contact with your state, you’ll generally have to sue in the state where the defendant lives or does business. Because of the distance involved, out-of-state small claims lawsuits tend to be expensive and unwieldy.

    To learn more about the small claims system where you live, check out Small Claims Court in Your State.

    What can I do to resolve my problem without going to small claims court?

    If you want what’s owed to you, but you don’t want to take on the trouble of bringing a lawsuit, you have a couple of options to consider. First, make a demand in the form of a straightforward letter, concluding with the statement that you’ll file in small claims court in ten days unless payment is promptly received. For more information, see Demand Letters: The Basics.

    In addition, many states offer community- or court-based mediation designed to help parties arrive at their own compromise settlement with the help of a neutral third party. Mediation works best where the parties have an interest in staying on good terms, as is generally the case with neighbors, family members or small business people who have done business together for many years. This type of dispute resolution can be remarkably successful. For more information, see the Mediation, Arbitration Collaborative Law area of Nolo’s website.

    Will I get paid if I win the lawsuit?

    Not necessarily. The court may decide in your favor, but it won’t handle collection for you. So before you sue, always ask, “Can I collect if I win?” If not, think twice before suing.

    Ask yourself whether the person you’re suing has a steady job, valuable real property, or investments. If so, it should be reasonably easy to collect by garnishing his wages if you win.

    But some people and businesses are “judgment proof” — that is, they have little money and few assets and aren’t likely to acquire much in the foreseeable future. If they don’t pay voluntarily, you may have a hard time collecting your judgement. For people who seem to have no job or assets, ask whether they are likely to be more solvent in the future, since court judgments are good for 10 to 20 years in many states and can usually be renewed for longer periods. You’ll want to consider now whether the person might inherit money, graduate from college and get a good job, or otherwise have an economic turn-around sometime down the road. For more, see Nolo’s Representing Yourself in Court area.

    If I’m sued in small claims court but the other party is really at fault, can I countersue?

    In some states, you can countersue as long as your claim arises out of the same event or transaction. In fact, in some states you must file a countersue if you have a claim against the other party; in those states you cannot sue over the same dispute in a later lawsuit.

    If the amount you sue for is under the small claims limit, your case will probably remain in that court. If, however, you want to sue for more, check with your small claims clerk for applicable rules. Often, you’ll need to have the case transferred to a different court that has the power to handle cases in which more money is at stake.

    What should I do to prepare my small claims case?

    Whether you are a plaintiff (the person suing) or the defendant (person being sued), you need to back up your story with evidence. One of the best ways to prove your case is with letters or in-person testimony from eyewitnesses or expert witnesses. For more information, see Nolo’s article Offering Witness Testimony in Small Claims Court. Depending on the facts of your case, you can also use photographs, advertisements falsely hyping a product or service, and written contracts to convince the judge you are right.

    More Information

    Before you go to court, you might want to learn some common (and perhaps even not-so-common) legal terms. Get Nolo’s Plain-English Law Dictionary, now available as a free iPhone app (also compatible with iPod touch).

    What’s the best way to present my small claims case to a judge?

    First, understand that the judge is busy and has heard dozens of stories like yours. To keep the judge’s attention, get to the point fast by describing the event that gave rise to your claim. Immediately follow up by stating how much money you are requesting. After you have clearly stated the key event, double back and tell the judge the exact events that led up to your loss. For more information, see Nolo’s article Presenting Your Testimony and Evidence in Small Claims Court.

    Can any kind of case be resolved in small claims court?

    No. Small claims courts primarily resolve small monetary disputes, and in a few states, evictions and restitution of property. No state allows you to use small claims court to file a divorce, guardianship, name change, or bankruptcy, or to ask for emergency relief (such as an injunction to stop someone from doing an illegal act). A few states also prohibit small claims suits based on libel, slander, false arrest, and a few other legal theories.



    Illinois Attorney General – Small Claims Court, how to take someone to small claims court.#How #to #take #someone #to #small #claims #court


    Small Claims Court

    Things You Should Know About.

    Small Claims Court

    Does someone owe you money? Has your landlord failed to return your security deposit even though you did not damage the rental property? Did you pay for merchandise, but the store never delivered it and won’t give you a refund? You may want to consider bringing a lawsuit in small claims court. You may not need a lawyer and the rules are simpler than in most court proceedings.

    Small claims court is under the jurisdiction of the Clerks of Courts Act (705 ILCS 105) and Supreme Court Rule 282. Fees are based on the population of the county and designated by county boards.

    Who May Sue?

    Any individual or corporation doing business in Illinois can sue or be sued in small claims court. The court may require the appointment of a guardian for those under 18 years of age.

    What Types Of Cases Are Handled In Small Claims Court?

    Small claims court may be used only for certain types of cases. For example:

    Lawsuits such as breach of contract, property damage, or personal injury.

    All evictions, regardless of the amount of rent claimed.

    Repossessions of property if the property consists of consumer goods which are leased or purchased on credit from a dealer, or if the value of the property does not exceed the amount that is determined by county where filed.

    Garnishments to enforce judgments from funds owed to debtors.

    The maximum judgment allowed in small claims court is $10,000.00 plus costs; therefore, your claim may not exceed $10,000.00.

    Is an Attorney Required?

    In small claims court you can handle your personal or business legal matters without an attorney; however, you can hire an attorney to represent you if you wish. If the other party has an attorney, your chances of winning might be better if you also have an attorney.

    If you do not have a lawyer and want help finding one, contact the Illinois State Bar Association’s Illinois Lawyer Finder by calling (217) 525-5297or visit their website at www.IllinoisLawyerFinder.com. This service can provide you with the name of a lawyer in your area who has experience in dealing with your type of legal situation and will provide an initial consultation for an hourly fee. You do not have to hire the lawyer after the initial consultation. If you do decide to hire a lawyer to represent you in a small claims court action, be sure to ask in advance about the lawyer’s fees.

    Completing the Forms

    Eight Step Process

    Go to the courthouse. The small claims court clerk will supply you with the necessary forms (a summons and a complaint form) to begin the lawsuit.

  • List your name as the plaintiff. You are the person filing the lawsuit.

  • The party you are suing is called the defendant. Make sure you have the correct name and address of the defendant. If the papers can’t be delivered to the defendant, you might have to start over and pay additional fees.

  • List the amount of money you request as damages.

  • Include a brief explanation about why you are suing the defendant.

  • The clerk will assign a number to each small claim case. Write down the number and refer to it in all dealings with the clerk and sheriff.

  • If you should change your address after you file your case or your appearance, be certain to notify the clerk and the opposing party of your new address. This applies if you change your phone number as well.

  • All small claims court sessions are open to the public. You may attend any of these courtroom proceedings to familiarize yourself with the procedures.

    After completing the forms, they must be filed with the court. You will be charged a filing fee which differs from county to county. The filing fee must be paid in advance.

    Copies of the forms must then be “served on” or delivered to the defendant. Many counties allow service by regular or certified mail if the defendant lives in that county. The court will mail the forms for you, but will require a fee for this service.

      Preparing Your Case

      In preparing your case, keep in mind that your proof must be more convincing than the other side’s evidence. Consider the following:

      Think about how you are going to prove the defendant owes you money. Start by making a detailed list of what happened so that the facts are clear in your mind.

      Gather all written information and paperwork that pertains to the situation–contracts, rental agreements, receipts, order forms, warranties, cancelled checks, or credit card statements.

      Talk to people who may have witnessed important aspects of the dispute. For example, if you are suing your landlord for the return of your security deposit, ask a neutral person to testify concerning the condition of the rental unit when you started renting and when you left.

      If you are suing on the basis of defective merchandise or faulty repairs, it may be very helpful to have an expert witness testify on your behalf. You might present a notarized written statement from an expert concerning the nature of the defect and the decrease in value due to the defect. However, if it becomes necessary to go to trial, you’ll have to get the witness to testify in person. Full-time mechanics with several years of experience qualify as experts.

      Going To Court

      After your claim is filed, the court will probably set a date to review the facts in your case. Many small claims court cases are settled at this time, so come prepared to argue your case. All cases are heard by a circuit court judge and will be decided by the judge if both parties cannot reach an agreement.

      Collecting the Judgment

      If you win the case, ask the court to include court costs and any money you spent as part of the settlement. The court can require reimbursement for such fees as: the money paid to file the action, the cost to have the summons and complaint mailed or personally served, and any attorneys’ fees.

      A judgment will be entered in court stating what the opposing party owes you. In many cases, the opposing party will pay the judgment immediately. In other instances, you may find it necessary to take further informal action or consult an attorney who can proceed with more formal legal steps to collect the debt. The court will not force the defendant to pay what is owed you.

      The court will order the debtor to provide a disclosure statement to you or to the clerk of the court within 15 days of entry of the judgment. The statement must contain the debtor’s name and address, his or her employer and the employer’s address, any real property owned by the debtor, cash on hand and financial institutions in which the debtor has funds.

      If you are unable to satisfy the judgment by contacting the other party, contact the clerk of the court that heard your case. From the clerk, you can obtain the forms necessary for garnishment proceedings–if the other party receives wages or has bank accounts.

      Remember, there is always the possibility that the small claims court will not rule in your favor. Carefully consider all your options before proceeding with a lawsuit. If you do decide to bring a lawsuit in small claims court, prepare carefully to increase your chances of success.



    • Small Claims Court Fees, how to take someone to small claims court.#How #to #take #someone #to #small #claims #court


      how to take someone to small claims court

      Taking somebody to the Small Claims Court in the UK will cost you money, there is a sliding scale of costs depending on how much you claim, for example, if you are claiming £1000 from a person or business, it will cost you £140* in Court fees. If you are claiming for £4000, the fees will be £520*.

      (*These are the total Court fees to take a Small Claims case, in England Wales, through to a Judgment, figures correct as at Jan 2016).

      e.g. if you claim £4000 and win the Case, the defendant will be ordered to pay your claim + costs, i.e. £4520.

      • A Fee to Start your Claim (sliding scale: £35-£410)
      • A Hearing Fee (sliding scale: £25-£355) payable if/when your case goes to a Hearing.

      HM Courts Form EX50 provides details of all small claims court costs. It’s a large document and IMO a difficult one to navigate as it contains details of fees for all Courts (High Court, County Court, etc). To work out the costs applicable to your claim, search the EX50 document, for the following terms:

      Starting your claim

      Additional Fees – Enforcing the Judgment .

      There is a possibility that you may incur additional court costs even after the Judgment. If you win your case and the defendant refuses to pay, you can, and probably should Enforce the Judgment, which again requires a fee. As of Jan 2016, all the enforcement options (e.g. A Warrant of execution, to send in the Bailiffs) have a flat fee of £100.

      As with the other Court fees, the enforcement fee is added to your Claim, and assuming the defendant does eventually pay up, you will get the fee back.

      There are a number of Remissions or exemptions to court fees for those people on low pay or in receipt of Income Support, Job Seekers allowance or Working tax Credit etc. There are actually quite a wide range of remissions available so it’s certainly worth checking to see if you qualify. See form EX160A for an explanation of the remissions system and to check your entitlement.



      Change Your Claim or Court Date, how to take someone to small claims court.#How #to #take #someone #to #small #claims #court


      Change Your Claim or Court Date

      After you file your Plaintiff’s Claim (Form SC-100) you may realize you need to change something on the claim. You may need to:

      • If your claim has not been served, go to the small claims court clerk and ask to amend (change) your claim. Take your original forms with you. After you file your “amended claim,” serve it on the defendant.
      • If your claim already has been served on any of the defendants, fill out a Request to Amend Claim Before Hearing (Small Claims) (Form SC-114) or write a letter to ask for permission to change your claim. File Form SC-114 or your letter with the court clerk.
        • A copy of your Form SC-114 or letter must also be mailed or personally delivered to all of the other parties in your case.
      • Another approach would be simply to ask the judge to amend the defendant’s name at your hearing. (Read Code of Civil Procedure section 116.560(b) for the law.)

      Change what you ask for in the claimIf your claim has not been served, go to the small claims court clerk and ask to have an “amendment” attached to your claim. Take your original forms with you.

      If your claim already has been served on any of the defendants and you then make any changes, you must re-serve the defendant.

      Remove 1 or more defendants from the claim

      You got something called a “dismissal form” when you filed your claim. Use this form to say which defendants you do not want to sue anymore.

      There are 2 types of dismissals:

      • “Without Prejudice” – This means that you keep the right to file the claim against the dismissed defendant in the future.
      • “With Prejudice” – This means that you cannot file the claim against the dismissed defendant in the future.

      How to Change Your Court Date

      If you want to change your court date, you must ask for a postponement (also called a “continuance”).

      To ask for a postponement at least 10 days before your trial:

      • File a Request to Postpone Trial (Small Claims) (Form SC-150), OR
      • Write a letter to the court explaining why you need to change your court date.

      AND

      • Mail or personally give a copy of your Form SC-150 or letter to the other people named in the claim.
      • You may have to pay a $10 filing fee to ask for the postponement.

      If your trial is in less than 10 days:

      • Take your completed Form SC-150 or letter to the clerk’s office. Ask the clerk to attach it to your file. Or go to your trial and ask the judge for a postponement (or continuance).
      • In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.
      • Also, mail or personally give a copy of your Form SC-150 or letter to the other people named in the claim.
      • Pay a $10 filing fee.

      After you request to postpone the trial

      The court will mail you an Order on Request to Postpone Trial (Form SC-152) stating the court’s decision on your request or may use another type of similar notice.

      If the court postpones the trial, it will give you the new court date on Form SC-152 or on a similar notice. The court will send this notice to you and all the defendants.

      If the court does not postpone the trial, the trial will be on the date when it is currently scheduled. The court will let you know that your request was denied and why on Form SC-152 or other similar notice.

      If you do not hear from the court, go to the court on the scheduled trial date.



      How to Take Someone to the Small Claims Court in the UK, how to take someone to small claims court.#How #to #take #someone #to #small #claims #court


      how to take someone to small claims court

      How to take someone to small claims court

      Hi, my name is Paul Fletcher from Lancaster in the UK. In 2015, I successfully used the Small Claims Court to settle a rental dispute with my Landlord. I was a complete novice when I started this process having never had any involvement with the Law or the UK Court system. When researching my case I could not find a simple, concise, ‘How-To’ guide to the Small Claims procedure so I decided to write one.

      • Taking somebody to court is actually quite easy, you go to the MCOL site www.moneyclaim.gov.uk, register as a user and away you go (but please take advice from this website before doing that!). I had a consult with a solicitor before launching my case, but that wasn’t strictly necessary.
      • Taking someone to court will cost you money, you pay Fees as the Case progresses through the Court system, I paid £375 in Court fees, the fees vary depending on how much you claim (see MY CASE below).
      • Taking someone to court will take time, the wheels of due process move slowly, you need to accept this and play the long game. My case took over 6 months from start to finish.
      • The Small Claims process actually works, if you have been ripped-off and are considering legal action, I say go for it, I’m certainly glad I did.

      I have divided the Small Claims process into a number of Logical Steps (see above left) on the Main Menu. I would advise you to read through the entire process before starting your Claim, as I stated above, taking someone to court is easy, but you need to know what you are letting yourself in for before going ahead.

      MY CASE: I claimed £1650 from my Landlord who evicted me at short notice and then refused to return my deposit and 6 weeks advanced rent. The fees were £105 to start my Claim on MCOL, then a Hearing fee of £170. And finally, £100 to Enforce the judgment. Total £375. I won the case and the fees were added to my Claim, i.e. the final cost to my Landlord was over £2000. For an explanation of costs, see Small Claims Court Fees or see My Court Case for details of what happened to me.

      Terminology: Why the Small Claims ‘Court’ doesn’t exist

      The term ‘Small Claims Court’ has slipped into common parlance, it is however something of a misnomer; the term ‘Small Claims Court’ is unofficial shorthand for the Small Claims Track of the County Court. There are 3 County Court Tracks that deal with Cases according to their complexity and the amount/value of the Claim. Your Claim will be dealt with by the County Court, but using the rules, processes and procedures of the Small Claims Track.

      When you take a person or company to Court, what you are in fact doing is Making a Claim against them, your Claim becomes a Case when it is allocated to a Court Track. This terminology is important to understand when dealing with the Court Office and following Court procedures. Both Online and hardcopy Court documentation use the term Claim in the early stages and Case in the later stages.

      This website, and my experience, is with the Courts system in England and Wales. In Scotland and Northern Ireland there are equivalent Small Claims tracks, but the rules/procedures are different (e.g. the limit for a Small Claim in Scotland is £3000 whereas in England and Wales it is £10,000). See the Useful Sites page for the respective Scottish and NI Court websites.

      The first step is trying to stay out of Court. You may have been ripped-off and want to see justice done, but you need to at least try to settle the matter before going to Court. If your Case progresses to a Hearing, the Judge will want to see that you took reasonable steps to avoid Court action, so the first step is Resolving the dispute without going to Court.



      Small Claims Court Rules listed by State, small claims court procedure.#Small #claims #court #procedure


      Court Rules for Each State

      Small Claims Court!

      Who Serves Papers

      District where defendant lives

      Small Claims Court

      Court Nearest Defendant

      Peace Officer (recommended)

      Certified Mail through Clerk

      Small Claims Division of Justice of the Peace Court

      Court Nearest Defendant

      First Class or Certified Mail

      Small Claims Division of Municipal Court

      Where Defendant lives

      Small Claims Court

      District where Defendant lives or lived when promise was made

      Certified or Registered Mail

      County Court, Small Claims Division

      County where defendant lives or works

      Certified or Registered Mail

      Small Claims Court

      County where defendant lives

      Regular Mail through Clerk

      Justice of the Peace

      Anywhere in the State

      Coroner, Deputy Sheriff

      District of Columbia

      Superior Court or Small Claims Court

      Only One Location in State

      Certified or Registered Mail

      County Court Summary Procedure Division

      County where defendant lives

      Certified or Registered Mail

      County where defendant lives

      Marshall of Court

      Person appointed by court

      District Court; Small Claims Division

      Judicial District where defendant lives

      Certified or Registered Mail

      Person appointed by court

      Small Claims Department of Magistrate’s Division

      County where defendant lives or where the claim arose

      Small Claims Court

      County where defendant lives or where the claim arose

      Small Claims Court

      County where defendant lives or where the claim arose

      Person appointed by court

      Registered or Certified Mail

      Small Claims Court

      County where defendant lives or where the claim arose

      Peace officer (recommended)

      Person appointed by court

      Small Claims Court

      County where defendant lives

      Small Claims Court

      County where defendant lives

      Bailiff appointed by court

      Justice of the Peace

      County where defendant lives

      Person appointed by court

      Small Claims Court

      County where defendant lives

      County where defendant lives

      District where defendant or plaintiff lives

      Person appointed by court

      Registered or Certified Mail

      County where defendant lives or where the claim arose

      County where defendant lives

      County where defendant lives or where the claim arose

      Small Claims Court

      County where defendant lives

      Registered or Certified Mail

      Small Claims Court

      County where defendant lives

      County where defendant lives

      Person appointed by court or authorized by law

      Justice’s Court for Small Claims

      City where defendant lives

      Small Claims Court

      District where defendant or plaintiff lives

      Registered or Certified Mail

      Superior Court, Special Civil Division

      County where defendant lives

      Person appointed by court

      Sergeant at Arms

      Magistrate’s Court: Small Claims Division

      County where defendant lives

      Small Claims Court

      County where defendant lives

      Small Claims Court

      County where defendant lives

      Small Claims Court

      County where defendant lives

      Small Claims Court

      County where defendant lives

      Person appointed by court

      Small Claims Court of the District Court

      County where defendant lives

      Person appointed by court

      Registered or Certified Mail

      District Court: Small Claims Division

      County where defendant lives

      Registered or Certified Mail

      Where defendant can be served

      Small Claims Court of the District Court

      County where defendant lives

      Registered or Certified Mail

      County where defendant lives

      Small Claims Court

      County where defendant lives

      Disinterested Elector of County

      Registered or Certified Mail

      Court of General Session

      County where defendant lives

      Registered or Certified Mail return receipt requested

      Small Claims Court

      Precinct where defendant lives

      Small Claims Division of Circuit Court

      County where defendant lives or where claim arose

      Disinterested Adult over 21

      Small Claims Court

      County where defendant or plaintiff lives

      Person appointed by court

      Registered or Certified Mail

      Small Claims Court in Fairfax and Arlington counties, Circuit Court in other counties

      District where defendant lives or where claim arose



      New York City Small Claims Court>, small claims court procedure.#Small #claims #court #procedure


      Starting a Case

      Anyone 18 years of age or over can sue in Small Claims Court. If you are younger than 18, your parent or guardian may sue on your behalf. Only an individual can sue in Small Claims Court. Corporations, partnerships, associations, or assignees cannot sue in Small Claims Court. However, they can be sued in Small Claims Court. If you are a corporation, partnership, association or assignee, you can bring a Commercial Claim or Consumer Transaction. For more information, click on Commercial Claims and Consumer Transactions.

      In general, the person suing is called the claimant. The person being sued is called the defendant. You may sue more than one person at the same time.

      You must be the proper person to sue in Small Claims Court. For example, if you are involved in an accident while driving an automobile that is not registered in your name, you cannot sue for the damage caused to the automobile during the accident. Only the registered owner of the automobile can sue for the damages caused to the automobile.

      To learn more about bringing a Small Claims Court case, continue reading below. You can also read the law on this procedure, by clicking on Civil Court Act section 1803.

      Small claims court procedure

      Where to Sue: Venue

      A claimant must begin the lawsuit in the proper county. In general, a claimant can sue in the county where either party resides. If no party resides within the City, the action can be brought in the county where either party has employment or a business address. If the defendant does not have a residence, employment, or have a business address within the City of New York, you cannot bring the lawsuit in the Small Claims Court. To find the location in your county, click on Locations.

      Small claims court procedure

      Starting the Case

      To begin an action in Small Claims Court, a person, or someone acting on his or her behalf, must come to the Small Claims Court Clerk s office in the proper county and fill out a statement of claim. To find out where the clerk s office is located in your county, click on Locations. To find out when the Small Claims Court Clerk s office is open, click on Court Hours. You may also use an outside service to fill out your statement of claim and electronically file it with the Court. If you are interested in starting your case this way, click on electronic filing.

      The person filling out the statement of claim must be able to explain the reason for the lawsuit, know the amount of the claim, and have the correct name and address, including zip code, of the person or business that is being sued. If you are not sure of the correct name of the business, you should go to the County Clerk s office in the county where the business is located and look up the certificate of doing business, photocopy the certificate and bring it to the court. The person filling out the statement of claim must be able to explain the reason for the lawsuit, know the amount of the claim, and have the correct name and address, including zip code, of the person or business that is being sued. If you are not sure of the correct name of the business, you should go to the County Clerk s office in the county where the business is located and look up the certificate of doing business, photocopy the certificate and bring it to the court. View and print the small claims claim form.

      You can watch a short tutorial to explain how to fill in the form.

      Small Claims Form Instructions:

      Video (run time: 4:52 minutes/seconds, Windows Media format )

      Small claims court procedure

      You will have to pay the court fee to file your claim. If your claim is for an amount up to and including $1,000.00, there is a fee of $15.00. If your claim is for an amount over $1,000.00 and up to $5,000.00, there is a fee of $20.00. The fee must be paid by cash, certified check, money order or bank check made out to Clerk of the Civil Court. Personal checks will not be accepted.

      The clerk will give you a date for the hearing. Small Claims Court hearings are usually held at 6:30 p.m. If you are a senior citizen, a disabled person, or a person who works during the evening, you may request that your small claims hearing be heard during the day. You or the person appearing on your behalf must show proof of age, or disability, or nighttime employment. The proof can be in the form of a letter from your job or from a doctor, a driver s license showing your birth date, or other similar documents.

      If you live outside the City of New York and want to sue a party within the City of New York, you may file your claim by mail. Contact the Small Claims Court Clerk s office in the county where the defendant lives, works or has a place of business to obtain the necessary form.

      Small claims court procedure

      The court system does not provide electronic filing at this time. However, several private vendors provide this service. The service provided by each of the vendors is different, and you must review their requirements. We advise that you review this entire website, as it offers a lot of information on how to proceed with your case.

      The current vendors are:

      Small claims court procedure

      Notifying the Defendant

      After your claim is filed, the Small Claims Court clerk will serve a notice of your claim by sending it to the defendant. The notice of claim tells the defendant when to appear in Small Claims Court, and includes a brief statement of your claim and the amount of money you are requesting.

      The notice of your claim will be sent to the defendant by certified mail and by ordinary first class mail. If the notice sent by ordinary first class mail is not returned by the post office within 21 days as undeliverable, the defendant is presumed to have received notice of your claim, even if the notice of claim sent by certified mail has not been delivered.

      If the post office cannot deliver the notice of your claim (for example, the defendant may have moved without leaving a forwarding address), the court clerk will give you a new hearing date and will tell you how to arrange for personal delivery of the notice to the defendant. Anyone who is not a party to the small claim and who is 18 years of age or older can personally deliver the notice of claim to the defendant. The claimant or any other party to the action may not serve the notice of claim personally on the defendant.

      If the notice of claim cannot be served on the defendant within 4 months after you filed your claim, your claim will be dismissed. If you learn new information about the defendant s location at a later date, you can file your claim again.

      A small claims case will not proceed to trial until the defendant has been served with a notice of your claim.

      The defendant may want to file a counterclaim. For information about this procedure, click on Counterclaims.

      Small claims court procedure

      Preparing for Court

      Before the date of the hearing, you should gather all the evidence that supports your claim or your defense. Evidence may include: photographs, a written agreement, an itemized bill or invoice marked paid, receipts, at least two itemized written estimates of the cost of services or repairs, a canceled check, a damaged item or article of clothing, or letters or other written documents. If there are records that are not in your possession, you may wish to subpoena them to be produced at the hearing date. For information about this procedure, click on Subpoenas.

      You should also prepare any witnesses you plan to testify at the hearing in support of your claim or defense. The testimony of a person who has special or expert knowledge and experience concerning the subject of your claim may be necessary for you to prove your case. For example, if your claim involves the quality of medical care, you must find a doctor who is willing to give an opinion, in court, about the quality of the care you received. While you might find an expert witness who will testify at no cost to you, it is more likely that you will have to pay for an expert witness testimony.

      If a witness, other than an expert witness, will not testify voluntarily, you can serve the witness with a subpoena requiring them to appear in court and testify. For information on how to do this, click on Subpoenas.



      How to File a Case in Small Claims Court (with Pictures), small claims court online.#Small #claims #court #online


      How to File a Case in Small Claims Court

      In small claims courts, individuals can file lawsuits quickly and inexpensively. You can file suits against individuals, corporations, partnerships and other entities. Each state sets the maximum amount that you can sue for in these courts. The dollar amounts range from $2,500 to $25,000. [1] Rules for filing a case in small claims court vary between states and even counties. Before filing your case, be sure to check with your county clerk or an attorney to find out the rules in your state.

      Steps Edit

      Part One of Four:

      Reviewing and Evaluating Your Case Edit

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Part Two of Four:

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online



      How to File a Case in Small Claims Court (with Pictures), small claims court online.#Small #claims #court #online


      How to File a Case in Small Claims Court

      In small claims courts, individuals can file lawsuits quickly and inexpensively. You can file suits against individuals, corporations, partnerships and other entities. Each state sets the maximum amount that you can sue for in these courts. The dollar amounts range from $2,500 to $25,000. [1] Rules for filing a case in small claims court vary between states and even counties. Before filing your case, be sure to check with your county clerk or an attorney to find out the rules in your state.

      Steps Edit

      Part One of Four:

      Reviewing and Evaluating Your Case Edit

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Part Two of Four:

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online



      How to File a Case in Small Claims Court (with Pictures), small claims court online.#Small #claims #court #online


      How to File a Case in Small Claims Court

      In small claims courts, individuals can file lawsuits quickly and inexpensively. You can file suits against individuals, corporations, partnerships and other entities. Each state sets the maximum amount that you can sue for in these courts. The dollar amounts range from $2,500 to $25,000. [1] Rules for filing a case in small claims court vary between states and even counties. Before filing your case, be sure to check with your county clerk or an attorney to find out the rules in your state.

      Steps Edit

      Part One of Four:

      Reviewing and Evaluating Your Case Edit

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Part Two of Four:

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online



      Ireland is failing trafficking survivors, claims report, Irish Examiner, small claims court ireland.#Small #claims #court #ireland


      Ireland is failing trafficking survivors, claims report

      This country is deficient when it comes to supporting victims of human trafficking, with a report claiming Ireland is still a destination and source country for women, men, and children subjected to sex trafficking and forced labour, including forced criminal activity.

      Small claims court ireland

      The annual Trafficking in Persons Report 2016, by the US State Department, noted while 90 new trafficking-related cases were opened here last year, in line with figures for recent years, a conviction for trafficking has not been secured since 2013.

      According to the report, of last year s cases, 61 involved sexual exploitation, 17 involved labour exploitation, four were forced criminality, two were for both sexual and labour exploitation, and six were uncategorised.

      It said garda have continued pretrial reviews of at least 13 cases for possible trafficking indicators related to cannabis sector arrests, while nine people were prosecuted last year for human trafficking crimes a significant increase from previous reporting periods (zero prosecutions in 2015; one prosecution in 2014; two prosecutions in 2013) .

      There were 29 trafficking cases pending prosecution, 18 of which were new suspected trafficking cases.

      Last year, 95 suspected trafficking victims were identified, compared with 78 in 2015 and 46 in 2014. Of those, 52 were exploited in sex trafficking, 38 in labour trafficking, one in both sex and labour trafficking, and four in forced criminality in the selling of heroin; 50 were female and 45 were male, with the increase in men driven by one case involving 23 Romanian male victims.

      The victims included 39 Romanians, 19 Irish children, and 10 from Nigeria, with the rest coming from Eastern Europe, Africa, South Asia, and South America.

      The report noted: Experts raised concerns about the Government s ability and efficiency to identify human trafficking victims and its efficiency in doing so.

      Although the Government meets the minimum standards, it has not obtained a trafficking conviction since 2013, and had deficiencies in certain areas of victim identification, suitable housing for victims that prevent retraumatisation, and viable avenues for victim compensation.

      It found that Ireland is one country listed as a destination for Hungarian women and children subjected to sex trafficking and domestic labour. It said Latvian women have been recruited for brokered marriages in Western Europe, particularly Ireland , where they are vulnerable to sex trafficking, domestic servitude, and forced labour.

      Some Lithuanian men are subjected to forced labour, including in agriculture, in countries including Ireland, with Slovak women also trafficked here for sexual exploitation.

      The report noted shortcomings, such as a lack of specialised services in the centres for female victims who have been traumatised due to psychological, physical, or sexual violence.

      Last year two trafficking victims were granted a 60-day period of recovery and reflection, while seven were granted a six-month temporary residence permit, and three suspected victims were granted a change of status in immigration.

      Irish Examiner Ltd. All rights reserved



      How to Take Someone to the Small Claims Court in the UK, small claims court ireland.#Small #claims #court #ireland


      small claims court ireland

      Small claims court ireland

      Hi, my name is Paul Fletcher from Lancaster in the UK. In 2015, I successfully used the Small Claims Court to settle a rental dispute with my Landlord. I was a complete novice when I started this process having never had any involvement with the Law or the UK Court system. When researching my case I could not find a simple, concise, ‘How-To’ guide to the Small Claims procedure so I decided to write one.

      • Taking somebody to court is actually quite easy, you go to the MCOL site www.moneyclaim.gov.uk, register as a user and away you go (but please take advice from this website before doing that!). I had a consult with a solicitor before launching my case, but that wasn’t strictly necessary.
      • Taking someone to court will cost you money, you pay Fees as the Case progresses through the Court system, I paid £375 in Court fees, the fees vary depending on how much you claim (see MY CASE below).
      • Taking someone to court will take time, the wheels of due process move slowly, you need to accept this and play the long game. My case took over 6 months from start to finish.
      • The Small Claims process actually works, if you have been ripped-off and are considering legal action, I say go for it, I’m certainly glad I did.

      I have divided the Small Claims process into a number of Logical Steps (see above left) on the Main Menu. I would advise you to read through the entire process before starting your Claim, as I stated above, taking someone to court is easy, but you need to know what you are letting yourself in for before going ahead.

      MY CASE: I claimed £1650 from my Landlord who evicted me at short notice and then refused to return my deposit and 6 weeks advanced rent. The fees were £105 to start my Claim on MCOL, then a Hearing fee of £170. And finally, £100 to Enforce the judgment. Total £375. I won the case and the fees were added to my Claim, i.e. the final cost to my Landlord was over £2000. For an explanation of costs, see Small Claims Court Fees or see My Court Case for details of what happened to me.

      Terminology: Why the Small Claims ‘Court’ doesn’t exist

      The term ‘Small Claims Court’ has slipped into common parlance, it is however something of a misnomer; the term ‘Small Claims Court’ is unofficial shorthand for the Small Claims Track of the County Court. There are 3 County Court Tracks that deal with Cases according to their complexity and the amount/value of the Claim. Your Claim will be dealt with by the County Court, but using the rules, processes and procedures of the Small Claims Track.

      When you take a person or company to Court, what you are in fact doing is Making a Claim against them, your Claim becomes a Case when it is allocated to a Court Track. This terminology is important to understand when dealing with the Court Office and following Court procedures. Both Online and hardcopy Court documentation use the term Claim in the early stages and Case in the later stages.

      This website, and my experience, is with the Courts system in England and Wales. In Scotland and Northern Ireland there are equivalent Small Claims tracks, but the rules/procedures are different (e.g. the limit for a Small Claim in Scotland is £3000 whereas in England and Wales it is £10,000). See the Useful Sites page for the respective Scottish and NI Court websites.

      The first step is trying to stay out of Court. You may have been ripped-off and want to see justice done, but you need to at least try to settle the matter before going to Court. If your Case progresses to a Hearing, the Judge will want to see that you took reasonable steps to avoid Court action, so the first step is Resolving the dispute without going to Court.



      Home, PartnerRe, small claims court ireland.#Small #claims #court #ireland


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      Toronto Small Claims Court, Justice Matters, small claims court ontario.#Small #claims #court #ontario


      416 Toronto Small Claims Court

      Small claims court ontario

      Toronto, Ontario M2N 5N1

      Small claims court ontario

      PARKING: There is no free parking in the immediate area. Parking at the office complex starts at $4 per half hour up to a daily maximum of $15. Be advised that the parking lot is often at or near capacity which can pose a problem for those attending at court close to their scheduled hearing times.

      Small claims court ontario

      HOURS OF OPERATION: The administration office opens at 8:30am and closes promptly at 5:00pm. If you are not served by 5:00pm you will need to come back another day.

      47 Sheppard, 3rd Floor Settlement Conferences and Trials

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    • Small Property Owner Nonpayment Petition – DIY Forms, NY CourtHelp, small claims court ontario.#Small #claims #court #ontario


      Small Property Owner Nonpayment Petition Program

      This free and easy program will ask you questions and make papers for a residential nonpayment petition or written rent demand to start a nonpayment case against your tenant in court. You will also get instructions that tell you what to do next.

      File this form in District Court, City Court, Town Court or Village Court.

      You can use this program if:

      • you do not have a lawyer,
      • you own less than 3 rental units,
      • you are the owner and landlord of the premises,
      • you are not a corporation or voluntary association,
      • the premises is not rent regulated,
      • the tenant is in possession of the premises, and
      • the premises is located outside New York City.

      New York City residents can use the NYC Small Property Owner Nonpayment Petition Program. This program will not make the right court papers for you.

      Information Checklist

      You will need the following information with you when you use this program:

      • The name and address of the tenant.

      Start

      Note: You will be taken to our partner website called LawHelp Interactive.

      You can Sign Up to Save Your Work or go directly to the program without signing up by clicking on Get Started or Go . Then check to agree to the Terms of Use and click on Continue to begin the program.

      About DIY Forms

      Who Can Use These Programs?

      You can use DIY Forms if:

      • you’re a court user and you don’t have a lawyer;
      • you’re a legal services provider;
      • you’re a pro bono lawyer. Pro bono lawyers filing a DIY Form must submit thispro bono affirmation.
      • you’re from a low-bono (reduced fee) program recognized and authorized to use the DIY Form programs by the NYS Courts Access to Justice Program. You must submit this low-bono affirmation with the filing.

      Commercial use is prohibited and no one may charge for using these programs. When you begin the program, you will be asked to accept these terms of use.

      In order to use DIY Form programs, make sure you have the following:

      Note: If you’re on a Mac and do not have Microsoft Word, this program will not work for you.

      SeeВ Frequently Asked Questions for help using DIY Form programs.

      Related Information:

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      Precision Paralegal Services LLP – Ontario – Alberta Small Claims Court Experts, small claims court ontario.#Small #claims #court #ontario


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      LEGAL GUIDE: SMALL CLAIMS COURT (ONTARIO) – Evidence (II), small claims court ontario.#Small #claims #court #ontario


      small claims court ontario

      Small claims court ontario

      Advising Self-Representing

      Simon Shields, LLB

      . the Small Claims Court may admit as evidence at a hearing and act upon any oral testimony and any document or other thing so long as the evidence is relevant to the subject-matter of the proceeding, but the court may exclude anything unduly repetitious. That said, courts will still tend to approach their fact-finding task thinking in traditional evidence law categories. Thus while they may formally “admit” into evidence more statements and documents (discussed below) in Small Claims court than they otherwise would, this does not mean that all such evidence will be given equal “weight” or importance (this concept is discussed above).

      Nothing is admissible in evidence at a hearing,

      Nothing in subsection (1) overrides the provisions of any Act expressly limiting the extent to or purposes for which any oral testimony, documents or things may be admitted or used in evidence in any proceeding. Thus, rules of “privilege”, and any statutory rules which make evidence inadmissible or otherwise limit its use are still alive and kicking in Small Claims court.

      Nothing in this section affects the admissibility of any evidence that would be admissible apart from this section or makes admissible any writing or record that is privileged. Similar reasoning was recently applied in VFC Inc v Balchand [2008] OJ #533 (Div Ct) to hold that the giving of the Evidence Act business records notice was NOT a prerequisite to the admission of hearsay documents in the Small Claims Court.

      These contact information requirements can be quite a practical burden in some cases, although many such documents contain this information on their face. I note that it is an open issue as to whether the failure to comply with the R18.02(3) requirements to provide contact information bars the admission of timely-served evidence under R18.02(1) and (2). The party who receives the document and wishes to cross-examine the author or witness at trial then has the burden of summonsing them to the trial [see “Summons to Witnesses” section 3(e) below] [R18.02(4)]. If they do they must also serve the summons on all other parties [R18.02(5)], failing which the other part/ies “may request an adjournment of the trial, with costs” [R18.02(7)] (something which they could have done anyway). Note:

      This duty to serve a copy of the summons on other parties appears to only apply to witnesses summonsed pursuant to information provided under these disclosure rules. Confusion will no doubt arise as there is no similar all-party service duty when “other” summons are used. The best practice is likely to serve copies of ALL summons on all parties. Failure to serve the documents by the timeline established in R18.02(1) is not always fatal to their use. In Filipchuck v Tirino Corp [1999] OJ #4331 the Ontario Divisional Court declined to reverse a trial ruling in favour of the plaintiff where the plaintiff offered an expert report at trial past the R18.02(1) timeline (then 14 days). On examining the circumstances surrounding the use of the report the Divisional Court found insufficient prejudice to intervene. Note as well that a Small Claims court judge has a general discretion to waive the application of any Small Claims Rule [R2.02].

      The interaction of R18.02 (with it’s provision for summonsing the author of a written document) and CJA 27 (which makes no provision for summonsing but does allow admission of such documents) were discussed in the case of MBK Services v. PowerForward Inc. (Div Ct, 2013). The Divisional Court stated that the deputy-judge who exercised their discretion to admit written statements (some of them unsworn affidavits) made an error in the exercise of their discretion to do so when they did not consider that the authors of the documents were in the US and therefore not amenable to being summonsed. However the court also held that the evidence in the statements was not material to the judgment reached, rendering the comment obiter. Case Note:

      The case of Lakehead Aluminum v. Mauno Parkkari (Div Ct, 2014) makes the excellent point that R18.02 is permissive with respect to the admission of evidence, rather than prohibitive (as it is often applied by deputy-judges.): [21] Thus, provided that the evidence is not subject to privilege or rendered inadmissible by any Act, the Small Claims Court has the discretion to admit any oral or documentary evidence, whether or not sworn, affirmed or admissible in any other court, and a copy of a document may be admitted provided the court is satisfied as to its authenticity. While rule 18.02 expressly mandates the admission of documents that fall within its terms, it does not require the exclusion of documents that do not fall within its terms as set out in Ontario Small Claims Court Practice 2014: Rule 18.02 is often misinterpreted. The rule provides a procedure for the admission of documents which have been served on the other parties at least 30 days before trial, without the need for in-person witness. It does not say that no document can be admitted at trial unless it was disclosed at least 30 days before trial: see O’Connell v. Custom Kitchen & Vanity, 1986 CanLII 2650 (ON SC), 1986 CarswellOnt 414, 56 O.R. (2d) 57, 11 C.P.C. (2d) 295, 17 O.A.C. 157 (Ont. Div. Ct.). Rule 18.02 is an enabling provision and not a prohibition. It enables the admission of documents which might otherwise be excluded as hearsay. Documents not admitted under rule 18.02 may be admitted through other means such as through an in-person witness (M.A. Zuker and J.S. Winny, Ontario Small Claims Court Practice, 2014 (Toronto: Thomson Reuters, 2013) at p. 206). Case Note: In Untinen v Dykstra c.o.b., Dykstra Roofing & Renovations, IKO Industries Ltd. (Div Ct, 2016) [paras 22-39] the court considers the R18.02 pre-trial disclosure rule where expert evidence was taken at trial without an expert report having been disclosed 30 days before trial (and apparently not at all). The court concludes that while it is desirable to disclose documents beforehand, that the wording of Rule 18.02 is not mandatory so as to result in the exclusion of evidence not so disclosed. The issue remains discretionary to the court. (e) Summons to Witnesses Note:

      The Rules have now established connections between some disclosure rules (immediately above: “Documents: Authenticity and Pre-Trial Disclosure”) and these summons rules. Both should be reviewed in detail. A “summons to witness” – although prepared and served by a party to the proceeding – is similar in effect to a court order compelling a witness to appear at a trial or other hearing, and to bring with them any specified documents or other things within their control [R18.03(1)(2)]. Failure to comply with it can trigger punitive “contempt of court” proceedings against the witness.

      A Summons must be served personally (NOT by an “alternative to personal service”) (see Ch.6: “Service of Documents”) on a witness, at least ten days before the trial[R8.01(7)] and be accompanied by attendence and travel fees (usually a cheque payable to the witness), as set by law [R18.03(4)]. (see Ch.18 “Court Fees”).

      Similarly, a party who abuses the power to issue summonses may be ordered to pay compensation to the witness for inconvenience and expense [R18.03(8)].

      In this case the Divisional Court held that the Small Claims Court had no jurisdiction to order production of documents by a non-party. (j) “Subject to Proof”



      HM Courts – Tribunals Service, small claim court.#Small #claim #court


      HM Courts

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      10 November 2017 — Press release

      Swifter justice for London fare dodgers

      More than 3,000 tube and bus fare dodgers have been sentenced through a revolutionary new digital sentencing system.

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      2 November 2017 — News story

      First Courts Tribunals Service Centres launched

      The country’s first Courts Tribunals Service Centres will be launched in Birmingham and Stoke-on-Trent.

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      24 October 2017 — Press release

      Awards ceremony honours unsung heroes who support victims and witnesses

      Those who go above and beyond to help victims and witnesses through often traumatic court experience have been recognised at a national awards ceremony.

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      20 October 2017 — News story

      Opening stage of employment tribunal fee refund scheme launched

      The first people eligible for employment tribunal fee refunds will be able to apply from today, the government has announced.

      Small claim court

      5 October 2017 — News story

      Personal applicants can now apply for probate online

      HMCTS details how personal applicants can now apply for probate using new online service.

      Small claim court

      5 September 2017 — News story

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      General advice on attending a court or tribunal.

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      • updated 10 November 2017
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      What we do

      HM Courts Tribunals Service is responsible for the administration of criminal, civil and family courts and tribunals in England and Wales.



      Small Claims Court, Center Township of Marion County, how to file small claims court.#How #to #file #small #claims #court


      Center Township

      Small Claims Court

      ABOUT THE COURT

      Center Township Small Claims Court of Marion County, Indiana has the authority to hear cases within its jurisdiction. Citizens may file a small claims action without an attorney. Center Township Court provides an informal setting for individuals and businesses to resolve their legal disputes. If a party wishes to hire an attorney, please note that legal fees may not be recoverable unless there is a written agreement between the parties addressing legal fees.

      The procedures of Center Township Court are not complex and are designed to encourage speedy and reasonable results of legal disputes. Typically, judgments are issued the same day as evidence and testimony are presented to the court. Some judgments are taken under advisement for a decision to be issued within a sensible time period.

      The proper venue (or location) for a case filed in the small claims court shall be in the county:

      1. Where the transaction or occurrence took place.
      2. Where the obligation was incurred or is to be performed.
      3. Where a defendant resides or is employed at the time the complaint is filed.

      In manners involving landlord and tenant matters, the claim must be filed in the township where the real estate is located, unless there is no small claims court in that township.

      Time Limits for Filing a Claim

      Before filing your lawsuit, you must make sure that you are within the time period in which to file your action. Please note the following time limits:

      • 2 years personal Injury and damage to personal property
      • 4 years contract for the sale of goods (written or oral)
      • 6 years accounts as well as oral contracts other than the sell of goods; rents and other real estate, recovery of personal property and promissory.

      Judgment, Settlement, and Appeals

      The Judge will make a decision at the end of a hearing or take the matter under advisement for a reasonable amount of time. Settlement between the parties is strongly encouraged by the Court. The parties should reduce their agreement to writing; all parties must sign the agreement; and file the document with the court.

      Continuances, or postponement, of legal matters will only be granted if good cause for the continuance can be shown. Typically, no party shall be granted no more than one (1) continuance each case and (2) requires the approval of the Center Township court Judge. Unless advised by the Judge or court staff that the matter has been continued, parties should appear at all hearings or trials.

      If either party is not satisfied with the Court s judgment, an appeal of the judgment must be within sixty (60) days of the decision to the Marion County Superior Court. The party may contact the Center Township Court staff, or an attorney, about procedures for appealing a court judgment. Due to the strict rules for appeals, the party seeking an appeal should consult with an attorney as soon as possible.

      If the Defendant fails to appear at the time specified by the Notice of Claim, the court may enter a default Judgment against the defendant. If the Plaintiff fails to appear at the time specified, the court may dismiss the cause of action without prejudice.

      For more detailed information about Small Claims Courts in Indiana, you can visit

      Center Township Small Claims Litigants Booklet

      CENTER TOWNSHIP of MARION COUNTY

      SMALL CLAIMS COURT

      Julia M. Carson Government Center

      300 E. Fall Creek Parkway N. Drive, Suite 130

      Indianapolis, IN 46205

      Pho: (317) 920-4530

      Fax: (317) 920-4534

      How to file small claims court



      How to File Small Claims Court California, Small Claims Filing, how to file small claims court.#How #to #file #small #claims #court


      how to file small claims court

      Welcome to smallclaimsdepartment.com.

      How to file small claims court

      We’re so glad you found us. Smallclaimsdepartment.com now processes Small Claims cases in the Western United States . We started out Filing and Serving Small Claims cases in California in 1993. The success has now brought us into Washington , Oregon , Nevada , Arizona , Texas , Washington and New York .

      If you’ve found this site, there is somebody (or company) who owes you money. If you entrust us with your claim, we will aggressively, accurately and assertively process your case!

      The motto of smallclaimsdepartment.com has always been:

      We Prepare, File, Serve, File Proof of Services on your case. By the time we are finished, you are ready to go to court.

      Simply fill-out our online questionnaire, sit back and let us do the work.

      Your job: Go to court, win your case, and get back what is rightfully yours!

      How to file small claims court

      How to file small claims court

      How to file small claims court

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      How to file small claims court

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      Your only responsibility in the small claims process is to

      show up at the hearing and win your case.

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      HOW TO FILE A SMALL CLAIMS CASE, how to file small claims court.#How #to #file #small #claims #court


      how to file small claims court

      How to file small claims court

      HOW TO FILE A SMALL CLAIMS CASE

      This message concerns filing a Small Claims case in the El Paso County Court. This information and the necessary forms may also be obtained from the Colorado Courts website at http://www.courts.state.co.us/chs/court/forms/smallclaims/smallclaims.html.

      A Small Claims packet containing the forms, instructions and information is available, free of charge, in our Self Help Center located in the Courthouse in Room S101. This office is open from 8:00 AM to 4:30 PM.

      The dollar amount that you may recover in Small Claims is limited to $7,500 dollars. You are required to file in the county where the defendant resides, works, has an office or is a student at an institution of higher education. If your claim exceeds $7,500.00 but is less than $15,000.00, you may file a County Court Civil action. This paperwork is also available in the Self Help Center for a small fee.

      The filing fee in Small Claims depends on the amount you wish to recover. Filing fees are as follows: $31.00 if you are suing for $ .01 to $500.00, and $55.00 if you are suing for $500.01 to $7,500.00.

      After filing your case with the Clerk of the Court and paying the filing fee, a Court date will be set, according to the law, at least thirty days away. You must then have the Complaint and Summons served on the defendant no later that 15 days before the Court date. You must arrange for service on the defendant in one of the following ways. You may contact the El Paso County Sheriff’s Office at 520-7100 to arrange service by a deputy sheriff. You may contact a private process server or you may have the summons and complaint served by a person over the age of 18 who is not an interested party to the case.

      We do not take requests by phone for the small claims packet, however you may send a written request and a legal size, self addressed envelope with 2 stamps affixed. Written requests should be mailed to:



      Small Claims, how to file small claims court.#How #to #file #small #claims #court


      Small Claims

      • Language Access
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      How to file small claims court

      The small claims court is not a separate court, but a special session of the District Court, the Boston Municipal Court or the Housing Court.

      It is designed to provide a simple, informal and inexpensive option for resolving cases where the amount at issue is $7,000 or less.

      The information here is intended to assist you with handling small claims matters and understanding the small claims process.

      Small Claims Resources

      Multilingual Small Claims Forms

      Small Claims Forms are now available in Spanish, Portuguese, Vietnamese, Haitian Creole, Khmer, Russian, and Chinese (traditional)

      These forms have been provided to court users for reference only. Only the English forms will be accepted by the Court, and all English forms must be completed entirely in English. You have a right to an interpreter, free of charge, for all court events. If you require an interpreter, please let the court staff know.

      Small Claims in Massachusetts: What you need to know

      Frequently Asked Questions (FAQ’s) About Small Claims

      Chinese How to file small claims court | Haitian Creole How to file small claims court | Khmer How to file small claims court | Portuguese How to file small claims court | Russian How to file small claims court | Vietnamese How to file small claims court file size 8MB | Spanish How to file small claims court | English

      Instructions for Filing a Small Claims

      Chinese How to file small claims court | Haitian Creole How to file small claims court | Khmer How to file small claims court | Portuguese How to file small claims court | Russian How to file small claims court | Spanish How to file small claims court | Vietnamese How to file small claims court file size 5MB | English

      Statement of Small Claim and Notice of Trial

      Verification of Defendant’s Address

      Small Claims Counterclaim

      Financial Statement of Judgment Debtor

      Agreement for Judgment and Payment Order

      Defendant’s Claim of Appeal

      Chinese How to file small claims court | Haitian Creole How to file small claims court | Khmer How to file small claims court file size 4MB | Portuguese How to file small claims court | Russian How to file small claims court file size 3MB | Spanish How to file small claims court | Vietnamese How to file small claims court file size 3MB | English How to file small claims court

      Acknowledgment of Satisfaction of Judgment

      Acknowledgment of Satisfaction of Judgment in Counterclaim



      Online Cloud Backup, IDrive, small claims online.#Small #claims #online


      Welcome Crashplan Home users!

      IDrive For Businesses

      November 10, 2017

      With the advent of online information transmission and transactions, every business today is susceptible to data disaster. Be it an accident of spilling liquid over your PC/mobile or a case of malicious virus infecting your system, your business is always at risk. Thus, it is important to have data protection strategies, like online backup, in place to tackle unforeseen data damage events.

      IDrive offers an ideal data protection solution with its cloud backup service. You can backup all your business data in your IDrive cloud account and protect it with a private key encryption. Unlike traditional storage solutions like tape storage, IDrive cloud backup is cost-effective, scalable and reliable.

      IDrive offers military grade 256-bit AES encryption with an option for private key to protect your data. The private key is known only to you, ensuring that the data is not accessed by unauthorized users; even during transit your data is encrypted. IDrive online backup supports world-class physical data protection facilities like smoke detection, fire suppression systems, motion sensors, security breach alarms, video camera surveillance, 24/7 secured access etc.

      What else do you get with IDrive Cloud Backup?

      With an active internet connection you can access your data in your IDrive online backup account through your smartphone, laptop, desktop or tablet anytime anywhere.

      Modified files and folders are backed up at time intervals defined by you. With IDrive online backup, schedule the frequency and timings of backups for your connected devices as per your convenience.

      IDrive online backup assists your business to adhere and comply with the business standards like HIPAA, SOX, GLBA, SEC / NASD, by providing appropriate security measures, to avoid penalties against violating these norms.

      Hybrid feature is a perfect complement to cloud backup solution. You can locally store your important files to IDrive One – a storage device that combines the security of cloud backup and the convenience of local connectivity.

      That’s not all. Sign up for an IDrive online backup account to explore more features!

      IDrive Snapshots

      Best defense against ransomware

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      Historical view of your data to perform point-in-time recovery.

      The Dashboard

      Manage backups of all your remote computers

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      Push changes to backup sets, settings to all devices in near real time response.

      IDrive BMR

      Protect your business critical data

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      Onsite bare-metal disaster recovery with Snapshots and Virtualization.



      Andrew Penman – Mirror Online, small claims online.#Small #claims #online


      Andrew Penman

      Scam-busting journalist exposing crooks, conmen, fraudsters. Let me know if you’ve been ripped off. [email protected]

      Small claims online

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      Andrew Penman – Mirror Online, small claims online.#Small #claims #online


      Andrew Penman

      Scam-busting journalist exposing crooks, conmen, fraudsters. Let me know if you’ve been ripped off. [email protected]

      Small claims online

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      Small Claims Court Rules listed by State, small claim courts.#Small #claim #courts


      Court Rules for Each State

      Small Claims Court!

      Who Serves Papers

      District where defendant lives

      Small Claims Court

      Court Nearest Defendant

      Peace Officer (recommended)

      Certified Mail through Clerk

      Small Claims Division of Justice of the Peace Court

      Court Nearest Defendant

      First Class or Certified Mail

      Small Claims Division of Municipal Court

      Where Defendant lives

      Small Claims Court

      District where Defendant lives or lived when promise was made

      Certified or Registered Mail

      County Court, Small Claims Division

      County where defendant lives or works

      Certified or Registered Mail

      Small Claims Court

      County where defendant lives

      Regular Mail through Clerk

      Justice of the Peace

      Anywhere in the State

      Coroner, Deputy Sheriff

      District of Columbia

      Superior Court or Small Claims Court

      Only One Location in State

      Certified or Registered Mail

      County Court Summary Procedure Division

      County where defendant lives

      Certified or Registered Mail

      County where defendant lives

      Marshall of Court

      Person appointed by court

      District Court; Small Claims Division

      Judicial District where defendant lives

      Certified or Registered Mail

      Person appointed by court

      Small Claims Department of Magistrate’s Division

      County where defendant lives or where the claim arose

      Small Claims Court

      County where defendant lives or where the claim arose

      Small Claims Court

      County where defendant lives or where the claim arose

      Person appointed by court

      Registered or Certified Mail

      Small Claims Court

      County where defendant lives or where the claim arose

      Peace officer (recommended)

      Person appointed by court

      Small Claims Court

      County where defendant lives

      Small Claims Court

      County where defendant lives

      Bailiff appointed by court

      Justice of the Peace

      County where defendant lives

      Person appointed by court

      Small Claims Court

      County where defendant lives

      County where defendant lives

      District where defendant or plaintiff lives

      Person appointed by court

      Registered or Certified Mail

      County where defendant lives or where the claim arose

      County where defendant lives

      County where defendant lives or where the claim arose

      Small Claims Court

      County where defendant lives

      Registered or Certified Mail

      Small Claims Court

      County where defendant lives

      County where defendant lives

      Person appointed by court or authorized by law

      Justice’s Court for Small Claims

      City where defendant lives

      Small Claims Court

      District where defendant or plaintiff lives

      Registered or Certified Mail

      Superior Court, Special Civil Division

      County where defendant lives

      Person appointed by court

      Sergeant at Arms

      Magistrate’s Court: Small Claims Division

      County where defendant lives

      Small Claims Court

      County where defendant lives

      Small Claims Court

      County where defendant lives

      Small Claims Court

      County where defendant lives

      Small Claims Court

      County where defendant lives

      Person appointed by court

      Small Claims Court of the District Court

      County where defendant lives

      Person appointed by court

      Registered or Certified Mail

      District Court: Small Claims Division

      County where defendant lives

      Registered or Certified Mail

      Where defendant can be served

      Small Claims Court of the District Court

      County where defendant lives

      Registered or Certified Mail

      County where defendant lives

      Small Claims Court

      County where defendant lives

      Disinterested Elector of County

      Registered or Certified Mail

      Court of General Session

      County where defendant lives

      Registered or Certified Mail return receipt requested

      Small Claims Court

      Precinct where defendant lives

      Small Claims Division of Circuit Court

      County where defendant lives or where claim arose

      Disinterested Adult over 21

      Small Claims Court

      County where defendant or plaintiff lives

      Person appointed by court

      Registered or Certified Mail

      Small Claims Court in Fairfax and Arlington counties, Circuit Court in other counties

      District where defendant lives or where claim arose



      London Lawyer – Peter J Quigley, small claims court london.#Small #claims #court #london


      Lawyer London Ontario

      Small claims court london

      Practicing law in London Ontario for over 20 years, Mr. Quigley has established a reputation for quality legal assistance at a reasonable cost. As a lawyer in London Ontario, Mr. Quigley takes special care to communicate clearly and effectively with all clients in regard to their specific legal issues whether it be corporate and commercial law, small business law, real estate and property, landlord and tenant, or wills and estates.

      Business Lawyer London Ontario

      Corporate Lawyer London Ontario

      Small claims court london

      In addition to the services set forth above we also act as agent for service for off shore and out of province companies including making all necessary corporate filings and annual returns.

      Collections and Creditors Rights Lawyer in London Ontario

      We have expertise in representing creditors, both secured and unsecured, in collection proceedings against individual and corporate debtors. We can represent your interests from sending the initial dun letter to issuing the statement of claim and following through with judgment and seizure. We appear before courts of all levels and types including small claims court, Superior Court of Justice, and Bankruptcy Court.

      • Small Claims Court, Supreme Court of Justice, Bankruptcy Court
      • writs of seizure and sale
      • garnishment proceedings
      • receivership proceedings
      • bankruptcy proceedings
      • applications under the Fraudulent Conveyances Act
      • construction liens
      • personal property seizures under the Personal Property Security Act

      Employment Law and Wrongful Dismissal London Ontario

      Employers

      We advise employers with respect to issues arising in the workplace including regulations under the Employment Standards Act, workplace safety and dismissal. We are also involved on behalf of employers in preparing employment contracts, non-competition and non-solicitation contracts and termination packages.

      Employees

      On behalf of the employee, we are principally involved in advising employees with respect to termination, wrongful dismissal, and breach of fiduciary duty. We attempt to assist employees by advising their rights and obligations, and negotiating and review of severance packages. We also advise and assist employees in negotiating employment contracts with prospective employers.

      International Business Representarion

      If you are a non-resident individual or company requiring representarion in Canada, we are able to represent your interests. Some of the specific services we provide include the following:

      • Acting as agent for service in Ontario and arranging agents for service in each jurisdiction in Canada;
      • Attending to making all annual filings required under the relevant provincial and federal statutes;
      • Incorporations, provincial and federal;
      • Legal agreements including distributor agreements, dealer agreements, manufacturer’s sales agent agreements, technology transfer agreements etc.
      • Advising clients respecting all aspects of business law, and developments in business law in Ontario, including employment issues;
      • Arranging legal representarion in other provinces and jurisdictions;
      • Competition and trade offence issues and advice;
      • Representarion at regulatory hearings in tribunals;

      To retain a lawyer in London Ontario, or to receive more information about retaining us, please fill out our ‘Retain Us Form’ .

      Land Development and Rezoning Lawyer London Ontario

      We represent property owners, landlords, builders and developers in connection with their rezoning and land development needs.

      • Minor variances;
      • rezoning;
      • Official Plan amendments;
      • subdivision and development agreements;
      • encroachment agreements, easements and rights of way;
      • condominium plans;
      • first registrations in Land Titles

      London Lawyer – Property Management and Landlord/Tenant

      We represent landlords, commercial tenants, condominium boards and property management companies with respect to any and all aspects of property management. If you have a tenant problem, or your condominium board is seeking legal assistance with respect to owner/tenant problems, then it is likely that we can be of assistance to you.

      • Negotiating, drafting and finalizing commercial leases;
      • Mediation of landlord/tenant disputes;
      • Commercial distraints and seizures;
      • Residential tenancy terminations and evictions;
      • Rental Protection Act applications;
      • Property management agreements;
      • Representing condominium boards in all aspects.
      • Condominium liens, powers of sale, collection

      Legal expertise is important and we believe we can provide same to you. However, more importantly, we possess the experience, that helps us provide not only a legal solution to your problem but also a cost-effective and wise solution. We hope that our experience enables us to give an objective and reasonable perspective to the problem at hand, providing solutions that are at once less costly and quicker.

      Real Estate Lawyer London Ontario

      Considering that in most people’s lives the purchase or sale of their home often represents the largest single monetary transaction in which they will ever be involved, then we think you’ll agree that our philosophy of hands-on, practical, and ethical representarion of your interests will serve you and your family well.

      We handle all aspects of real estate law including residential and commercial sales and purchases, mortgages, condominium and leasing.

      Because we are TeraNet subscribers we are able to electronically register your deed or mortgage in all Teranet served areas (most of Ontario) without the need for you to attend at our office to sign documents, if your personal attendance is not possible.

      *To retain a London Real Estate Lawyer online, or to receive more information about retaining us, please fill out our ‘Retain Us Form’ . Fees subject to change without notice.

      London Lawyer – Wills and Estates

      We have over 20 years experience in providing estate planning services to our clients. Such services include the following:

      • Drafting wills and powers of attorney;
      • Preparing living wills ;
      • Preparing trust documents, both inter-vivos and testamentary;
      • Preparing Declarations of Gift;
      • Estate freezes and other tax reduction arrangements;
      • Applications for probate, and for Grants Of Administration;
      • Assisting executors with estate administration;

      Servicios en Espanol – Spanish speaking lawyer in London Ontario

      Nos podemos communicar contigo en espanol o podemos representar a tus clientes en latino america. Tambien hacemos traducciones de documentos legales y de negocios.

      As a lawyer in London Ontario, initially as corporate counsel for a major international company and later in private practice, for over twenty years, I have made it my business to stay abreast of the latest trends and developments in the areas of law set forth in our index. Recognizing that the law is also a business, we have also ensured that our staff and resource contacts are efficient, knowledgeable and professional in their dealings with our clients. Our commitment to utilization of the latest computer hardware and software, telecommunications and Internet services has permitted us and our staff to provide the kind of prompt efficient service that our clients deserve and demand.

      Listed below is an index. Simply click on the law topic selected. Please note that should you wish to retain our services at time, you may easily do so from any area in this london lawyer site.



      Probate Law in Illinois: Explained! Kane, DuPage, Kendall, Will, Cook, McHenry County – How does probate work in Illinois – Illinois Probate Court Process, small claims court illinois.#Small #claims #court #illinois


      How does Illinois Probate law work?

      Under Illinois law, Probate is the legal court process of administering the estate of a deceased person . This is done by resolving all claims related to the estate and by distributing the deceased person’s property under a valid will or under the Intestacy laws of the State of Illinois. And while many attorneys have attempted to promote the myth that Illinois Probate law is bad, and that the process should be avoided at all costs, Illinois Probate procedures are typically very straightforward and routine.

      What steps are involved in the Probate process in Illinois?

      When someone dies in Illinois and a Probate is deemed necessary, there are several steps that will need to be done to complete the Illinois Probate process. First, if the person (the decedent) dies with a will, the named Executor should ensure that it is properly filed at the local county court clerk’s office. The Executor should then proceed to start the Probate process by filing a petition with the local Probate court to open the estate and have the will probated. If the decedent did not have a will , the person seeking to serve as the representative of the estate can simply file a petition to administer the estate according to the Intestacy laws of Illinois.

      Next, when the petition is filed, the local Probate court will determine the validity of the deceased person’s last will and interpret the instructions under the will. And if no will exists , the Probate court will proceed to oversee the administration of the estate under the Illinois Intestate Succession laws. The Probate court will also officially appoint the representative (whether the named Executor, or an administrator when there is no will) for the estate.

      Once the estate has been opened and a representative has been appointed, all heirs, legatees, and known creditors will be formally notified of the Probate proceeding (if they have not already been notified up to this point). It is the duty of the representative of the estate to ensure that this has been properly done. In addition to the formal notices above, the representative must also publish what is known as a “claims publication” in a local legal newspaper. Unknown creditors and claimants of the estate then have six months from the date of the publication to file claims against the estate, or their claims will be barred.

      After taking care of the notice requirements, the representative of the estate must begin working on collecting and inventorying all of the decedent’s assets, and determining the decedent’s final debts and liabilities. This is the part of the Probate process which usually takes several months to complete. Once all assets have been collected and debts paid (including any final estate-related taxes), the representative must do a final accounting to the beneficiaries of the estate and make distributions according to the decedent’s will or the Intestacy laws of Illinois. After the beneficiaries have received their shares (if any) of the estate and have approved the final accounting of the representative, the estate is then ready to be closed. Assuming the six-month claims period has run, the representative can petition the court to close the estate.

      Overall, the Probate process in Illinois will typically take at least six months (for the running of the claims period), and can sometimes last several years (if there is estate litigation or complex asset transfers).

      To learn more about the various issues related to Probate in Illinois, visit our Frequently Asked Questions pages. To learn more about the local Probate courts in the Chicagoland area, check out the pages listed on the left-hand sidebar of this page.

      When is the Probate court process needed in Illinois?

      The formal Illinois Probate court process of administering an estate is generally only necessary when the value of the personal estate exceeds $100,000.00, or when the estate contains real estate needing to be administered. When an estate is under the $100,000.00 threshold and no real estate is involved, it can typically be handled out of court by using an Illinois Small Estate Affidavit form.

      It is also important to note that any property held in trust, held jointly with a surviving owner, or any account naming a living individual as a beneficiary, does not pass through a deceased individual’s probate estate. Instead, the trust property passes directly to the beneficiaries (according to the terms of the trust), the jointly held property passes directly to the surviving joint owner, and an account naming a living individual as a beneficiary passes property directly to the living beneficiary.

      If you would like to learn more about the Illinois Probate requirements, visit our page on when Probate is necessary in Illinois .

      What costs are involved with an Illinois Probate estate administration?

      In order to probate an Estate in Illinois, there will likely be several costs that will have to be paid throughout the administration. Attorney’s fees for the attorney representing the Executor or Administrator are an estate expense. If there is no will and an Administrator is serving as the representative, the Administrator will likely need a surety bond to ensure his/her performance as the representative of the estate; the surety bond premium is an estate expense. Also, the Executor or Administrator can charge a reasonable fee for his/her time spent handling the estate, and can receive reimbursement for any personal expenditures (travel expenses, hotel costs, etc.) that were made in order to administer the estate. In addition, c ourt filing fees to open the estate are also estate expenses that must be paid from estate funds. To find out the specific court filing fees for various counties in the greater Chicago area, click on one of the following links:

      On the other hand, debts of the estate (such as unpaid medical bills of the deceased person) are not costs of the estate administration. The debts of the estate are paid after the costs of the estate administration are paid from the estate funds.

      How are assets retitled through the Probate process?

      Once an Executor or Administrator is appointed by the Probate court, he/she is empowered under Illinois law to act as the official representative of the estate. Thus, the Executor or Administrator essentially “steps into the shoes” of the deceased person to fulfill contract obligations, pay debts, and retitle assets. When an asset needs to be retitled then, the Executor or Administrator will be able to handle the asset as the original owner would have, and will be able to sign off on any transfer as the “seller” or as the “Executor/Administrator of the Estate”. Doing this, combined with providing a certified copy of the Letters of Office, will allow the Executor or Administrator to transfer title on real estate, vehicles, tangible personal property, and financial accounts.

      What is the priority for distributions in a Probate estate in Illinois?

      Many people believe that heirs and legatees of an estate receive the entire estate after someone passes away. This, however, is not how a Probate estate is distributed.

      First, all estate administration expenses must be paid from the estate funds. Next, any outstanding debts (including taxes, funeral expenses, etc.) of the estate must be determined and paid. Then, any surviving spouse’s awards or child’s awards must be paid as required. After this, the specific bequests under the will of the deceased person (if there was a will) are made. And finally, if there are any remaining estate assets, then these funds are distributed pursuant to the residuary terms of the will or the Intestacy laws of the estate of Illinois. Thus, many disbursements are made prior to when the ultimate general beneficiaries of an estate receive their distributive shares.

      Case Study: Adult Daughter Needed Help with Mother’s Complex Probate Estate

      Oftentimes, our firm has been called upon to handle complicated estates. For instance, when Sandy’s mother passed away in Cook County, her mother left Sandy a part ownership interest in a piece of real estate in DuPage County that her mother had inherited from Sandy’s grandmother. To complicate matters further, Sandy’s grandmother (who had predeceased Sandy’s mother) inherited the real estate from a friend two decades earlier, but the transfer from the friend to the grandmother was never properly made.

      After researching her options, Sandy contacted and hired our firm to help her with this complex probate matter because of our extensive experience in probate law, and our experience in the probate courts in multiple counties in the Chicagoland area. When we stepped in, we acted quickly to reopen the probate estate of her grandmother’s friend in DuPage County, and helped to save the real estate from being lost due to the impending sale of its delinquent property taxes. We were also able to help Sandy to resolve the reopened estate, her grandmother’s estate, and her mother’s estate. In the end, Sandy was able to properly receive her share of the real property from her mother’s estate.

      Our firm has helped many Executors and Administrators with routine and complicated Probate estates across the Chicagoland area. If you have questions regarding a Probate estate, complete the form below to set up a free initial consultation today!

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      Hartford County Connecticut Court Directory, small claims court london.#Small #claims #court #london


      Hartford County Connecticut Court Directory

      The Connecticut trial court system consists of Superior Courts and Probate Courts. For more information on which types of cases each court oversees, compare Connecticut courts.

      Below is a directory of court locations in Hartford County. Links for online court records and other free court resources are provided for each court, where available. If you’re not sure which court you’re looking for, learn more about the Connecticut court system.

      Superior Courts in Hartford County

      Centralized Small Claims

      This location handles small claims cases statewide. Alternatively, persons may file a small claims case where the plaintiff resides, where the defendant resides or conducts business, or where the transaction or injury occurred. Landlord-tenant small claims cases may be filed at this location, or where the premises are located. 2

      Geographical Area 12 at Manchester

      This court serves East Hartford, Glastonbury, Manchester, Marlborough, and South Windsor, and is a filing location for small claims cases from these municipalities and from Andover, Bolton, Columbia, Coventry, Ellington, Hebron, Mansfield, Somers, Stafford, Tolland, Union, Vernon (Rockville), and Willington. 3

      Geographical Area 13 at Enfield

      This court serves East Granby, East Windsor, Enfield, Granby, Simsbury, Suffield, Windsor, and Windsor Locks, except that small claims cases from these municipalities are filed at Geographical Area 12 at Manchester or at Centralized Small Claims in Hartford. 4

      Geographical Area 14 at Hartford

      This court serves Avon, Bloomfield, Canton, Farmington, Hartford, and West Hartford, except that small claims cases from these municipalities are filed at Geographical Area 12 at Manchester or at Centralized Small Claims in Hartford. 5

      Geographical Area 15 at New Britain

      This court serves Berlin, New Britain, Newington, Rocky Hill, and Wethersfield, except that small claims cases from these municipalities are filed at New Britain Judicial District Superior Court or Centralized Small Claims in Hartford. 6

      Geographical Area 17 at Bristol

      131 North Main Street , Bristol , CT 06010

      This court serves Bristol, Burlington, Plainville, Plymouth, and Southington, except that small claims cases from these municipalities are filed at New Britain Judicial District Superior Court or Centralized Small Claims in Hartford. 7

      Hartford Community Court

      Hartford Judicial District

      Housing Session at Hartford

      Housing Session at New Britain

      Juvenile Matters and Detention Center at Hartford

      New Britain Judicial District

      Fax: 860-515-5176 (Juvenile Matters)

      This court is also a filing location for small claims cases from Berlin, Bristol, Burlington, New Britain, Newington, Plainville, Plymouth, Rocky Hill, Southington, and Wethersfield. 13

      Tax and Administrative Appeals Session

      This special session of Superior Court handles statewide appeals of decisions made by the Commissioner of Revenue Services and other administrative agencies, and some municipal property tax appeals.

      Probate Courts in Hartford County

      Bristol/Plainville/Plymouth Probate Court

      240 Stafford Avenue , Bristol , CT 06010

      This court serves Bristol, Plainville, and Plymouth. 15

      Berlin Probate Court

      One Liberty Square, PO Box 400 , New Britain , CT 06050

      This court serves Berlin and New Britain. 16

      East Hartford Probate Court

      Town Hall, 740 Main Street , East Hartford , CT 06108

      Farmington – Burlington Probate Court

      Farmington Town Hall, One Monteith Drive , Farmington , CT 06032

      This court serves Burlington and Farmington. 18

      Glastonbury – Hebron Probate Court

      2155 Main St, PO Box 6523 , Glastonbury , CT 06033

      This court serves Glastonbury and Hebron. 19

      Greater Windsor Probate Court

      Town Hall, 1540 Sullivan Avenue , South Windsor , CT 06074

      This court serves East Windsor, South Windsor, and Windsor. 20

      Hartford Probate Court

      250 Constitution Plaza, 3rd Floor , Hartford , CT 06103

      Hartford Regional Children s Probate Court

      250 Constitution Plaza, 3rd Floor , Hartford , CT 06103

      Newington Probate Court

      66 Cedar Street , Newington , CT 06111

      This court serves Newington, Rocky Hill, and Wethersfield. 23

      North Central Connecticut Probate Court

      820 Enfield Street , Enfield , CT 06082

      This court serves Enfield, Somers, Stafford, and Union. 24

      North Central Connecticut Probate Court

      Physical: Stafford Town Hall, 1 Main Street , Stafford Springs , CT 06076

      This court serves Enfield, Somers, Stafford, and Union. 25

      Region #14 Probate Court

      9 Austin Drive, Suite 211 , Marlborough , CT 06447

      This court serves East Haddam, East Hampton, Marlborough, and Portland. 26

      Simsbury Regional Probate Court

      933 Hopmeadow St, PO Box 495 , Simsbury , CT 06070

      This court serves Avon, Canton, Granby, and Simsbury. 27

      Tobacco Valley Probate Court

      Town Hall, 50 Church Street , Windsor Locks , CT 06096

      This court serves Bloomfield, East Granby, Suffield, and Windsor Locks. 28

      West Hartford Probate Court

      Town Hall, 50 South Main Street, Room 318 , West Hartford , CT 06107

      Court Locator

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      Texarkana Gazette, Texarkana Breaking News, small claims court london.#Small #claims #court #london


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      Hartford County Connecticut Court Directory, small claims court london.#Small #claims #court #london


      Hartford County Connecticut Court Directory

      The Connecticut trial court system consists of Superior Courts and Probate Courts. For more information on which types of cases each court oversees, compare Connecticut courts.

      Below is a directory of court locations in Hartford County. Links for online court records and other free court resources are provided for each court, where available. If you’re not sure which court you’re looking for, learn more about the Connecticut court system.

      Superior Courts in Hartford County

      Centralized Small Claims

      This location handles small claims cases statewide. Alternatively, persons may file a small claims case where the plaintiff resides, where the defendant resides or conducts business, or where the transaction or injury occurred. Landlord-tenant small claims cases may be filed at this location, or where the premises are located. 2

      Geographical Area 12 at Manchester

      This court serves East Hartford, Glastonbury, Manchester, Marlborough, and South Windsor, and is a filing location for small claims cases from these municipalities and from Andover, Bolton, Columbia, Coventry, Ellington, Hebron, Mansfield, Somers, Stafford, Tolland, Union, Vernon (Rockville), and Willington. 3

      Geographical Area 13 at Enfield

      This court serves East Granby, East Windsor, Enfield, Granby, Simsbury, Suffield, Windsor, and Windsor Locks, except that small claims cases from these municipalities are filed at Geographical Area 12 at Manchester or at Centralized Small Claims in Hartford. 4

      Geographical Area 14 at Hartford

      This court serves Avon, Bloomfield, Canton, Farmington, Hartford, and West Hartford, except that small claims cases from these municipalities are filed at Geographical Area 12 at Manchester or at Centralized Small Claims in Hartford. 5

      Geographical Area 15 at New Britain

      This court serves Berlin, New Britain, Newington, Rocky Hill, and Wethersfield, except that small claims cases from these municipalities are filed at New Britain Judicial District Superior Court or Centralized Small Claims in Hartford. 6

      Geographical Area 17 at Bristol

      131 North Main Street , Bristol , CT 06010

      This court serves Bristol, Burlington, Plainville, Plymouth, and Southington, except that small claims cases from these municipalities are filed at New Britain Judicial District Superior Court or Centralized Small Claims in Hartford. 7

      Hartford Community Court

      Hartford Judicial District

      Housing Session at Hartford

      Housing Session at New Britain

      Juvenile Matters and Detention Center at Hartford

      New Britain Judicial District

      Fax: 860-515-5176 (Juvenile Matters)

      This court is also a filing location for small claims cases from Berlin, Bristol, Burlington, New Britain, Newington, Plainville, Plymouth, Rocky Hill, Southington, and Wethersfield. 13

      Tax and Administrative Appeals Session

      This special session of Superior Court handles statewide appeals of decisions made by the Commissioner of Revenue Services and other administrative agencies, and some municipal property tax appeals.

      Probate Courts in Hartford County

      Bristol/Plainville/Plymouth Probate Court

      240 Stafford Avenue , Bristol , CT 06010

      This court serves Bristol, Plainville, and Plymouth. 15

      Berlin Probate Court

      One Liberty Square, PO Box 400 , New Britain , CT 06050

      This court serves Berlin and New Britain. 16

      East Hartford Probate Court

      Town Hall, 740 Main Street , East Hartford , CT 06108

      Farmington – Burlington Probate Court

      Farmington Town Hall, One Monteith Drive , Farmington , CT 06032

      This court serves Burlington and Farmington. 18

      Glastonbury – Hebron Probate Court

      2155 Main St, PO Box 6523 , Glastonbury , CT 06033

      This court serves Glastonbury and Hebron. 19

      Greater Windsor Probate Court

      Town Hall, 1540 Sullivan Avenue , South Windsor , CT 06074

      This court serves East Windsor, South Windsor, and Windsor. 20

      Hartford Probate Court

      250 Constitution Plaza, 3rd Floor , Hartford , CT 06103

      Hartford Regional Children s Probate Court

      250 Constitution Plaza, 3rd Floor , Hartford , CT 06103

      Newington Probate Court

      66 Cedar Street , Newington , CT 06111

      This court serves Newington, Rocky Hill, and Wethersfield. 23

      North Central Connecticut Probate Court

      820 Enfield Street , Enfield , CT 06082

      This court serves Enfield, Somers, Stafford, and Union. 24

      North Central Connecticut Probate Court

      Physical: Stafford Town Hall, 1 Main Street , Stafford Springs , CT 06076

      This court serves Enfield, Somers, Stafford, and Union. 25

      Region #14 Probate Court

      9 Austin Drive, Suite 211 , Marlborough , CT 06447

      This court serves East Haddam, East Hampton, Marlborough, and Portland. 26

      Simsbury Regional Probate Court

      933 Hopmeadow St, PO Box 495 , Simsbury , CT 06070

      This court serves Avon, Canton, Granby, and Simsbury. 27

      Tobacco Valley Probate Court

      Town Hall, 50 Church Street , Windsor Locks , CT 06096

      This court serves Bloomfield, East Granby, Suffield, and Windsor Locks. 28

      West Hartford Probate Court

      Town Hall, 50 South Main Street, Room 318 , West Hartford , CT 06107

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      Illinois Attorney General – Small Claims Court, small claims court illinois.#Small #claims #court #illinois


      Small Claims Court

      Things You Should Know About.

      Small Claims Court

      Does someone owe you money? Has your landlord failed to return your security deposit even though you did not damage the rental property? Did you pay for merchandise, but the store never delivered it and won’t give you a refund? You may want to consider bringing a lawsuit in small claims court. You may not need a lawyer and the rules are simpler than in most court proceedings.

      Small claims court is under the jurisdiction of the Clerks of Courts Act (705 ILCS 105) and Supreme Court Rule 282. Fees are based on the population of the county and designated by county boards.

      Who May Sue?

      Any individual or corporation doing business in Illinois can sue or be sued in small claims court. The court may require the appointment of a guardian for those under 18 years of age.

      What Types Of Cases Are Handled In Small Claims Court?

      Small claims court may be used only for certain types of cases. For example:

      Lawsuits such as breach of contract, property damage, or personal injury.

      All evictions, regardless of the amount of rent claimed.

      Repossessions of property if the property consists of consumer goods which are leased or purchased on credit from a dealer, or if the value of the property does not exceed the amount that is determined by county where filed.

      Garnishments to enforce judgments from funds owed to debtors.

      The maximum judgment allowed in small claims court is $10,000.00 plus costs; therefore, your claim may not exceed $10,000.00.

      Is an Attorney Required?

      In small claims court you can handle your personal or business legal matters without an attorney; however, you can hire an attorney to represent you if you wish. If the other party has an attorney, your chances of winning might be better if you also have an attorney.

      If you do not have a lawyer and want help finding one, contact the Illinois State Bar Association’s Illinois Lawyer Finder by calling (217) 525-5297or visit their website at www.IllinoisLawyerFinder.com. This service can provide you with the name of a lawyer in your area who has experience in dealing with your type of legal situation and will provide an initial consultation for an hourly fee. You do not have to hire the lawyer after the initial consultation. If you do decide to hire a lawyer to represent you in a small claims court action, be sure to ask in advance about the lawyer’s fees.

      Completing the Forms

      Eight Step Process

      Go to the courthouse. The small claims court clerk will supply you with the necessary forms (a summons and a complaint form) to begin the lawsuit.

    • List your name as the plaintiff. You are the person filing the lawsuit.

    • The party you are suing is called the defendant. Make sure you have the correct name and address of the defendant. If the papers can’t be delivered to the defendant, you might have to start over and pay additional fees.

    • List the amount of money you request as damages.

    • Include a brief explanation about why you are suing the defendant.

    • The clerk will assign a number to each small claim case. Write down the number and refer to it in all dealings with the clerk and sheriff.

    • If you should change your address after you file your case or your appearance, be certain to notify the clerk and the opposing party of your new address. This applies if you change your phone number as well.

    • All small claims court sessions are open to the public. You may attend any of these courtroom proceedings to familiarize yourself with the procedures.

      After completing the forms, they must be filed with the court. You will be charged a filing fee which differs from county to county. The filing fee must be paid in advance.

      Copies of the forms must then be “served on” or delivered to the defendant. Many counties allow service by regular or certified mail if the defendant lives in that county. The court will mail the forms for you, but will require a fee for this service.

        Preparing Your Case

        In preparing your case, keep in mind that your proof must be more convincing than the other side’s evidence. Consider the following:

        Think about how you are going to prove the defendant owes you money. Start by making a detailed list of what happened so that the facts are clear in your mind.

        Gather all written information and paperwork that pertains to the situation–contracts, rental agreements, receipts, order forms, warranties, cancelled checks, or credit card statements.

        Talk to people who may have witnessed important aspects of the dispute. For example, if you are suing your landlord for the return of your security deposit, ask a neutral person to testify concerning the condition of the rental unit when you started renting and when you left.

        If you are suing on the basis of defective merchandise or faulty repairs, it may be very helpful to have an expert witness testify on your behalf. You might present a notarized written statement from an expert concerning the nature of the defect and the decrease in value due to the defect. However, if it becomes necessary to go to trial, you’ll have to get the witness to testify in person. Full-time mechanics with several years of experience qualify as experts.

        Going To Court

        After your claim is filed, the court will probably set a date to review the facts in your case. Many small claims court cases are settled at this time, so come prepared to argue your case. All cases are heard by a circuit court judge and will be decided by the judge if both parties cannot reach an agreement.

        Collecting the Judgment

        If you win the case, ask the court to include court costs and any money you spent as part of the settlement. The court can require reimbursement for such fees as: the money paid to file the action, the cost to have the summons and complaint mailed or personally served, and any attorneys’ fees.

        A judgment will be entered in court stating what the opposing party owes you. In many cases, the opposing party will pay the judgment immediately. In other instances, you may find it necessary to take further informal action or consult an attorney who can proceed with more formal legal steps to collect the debt. The court will not force the defendant to pay what is owed you.

        The court will order the debtor to provide a disclosure statement to you or to the clerk of the court within 15 days of entry of the judgment. The statement must contain the debtor’s name and address, his or her employer and the employer’s address, any real property owned by the debtor, cash on hand and financial institutions in which the debtor has funds.

        If you are unable to satisfy the judgment by contacting the other party, contact the clerk of the court that heard your case. From the clerk, you can obtain the forms necessary for garnishment proceedings–if the other party receives wages or has bank accounts.

        Remember, there is always the possibility that the small claims court will not rule in your favor. Carefully consider all your options before proceeding with a lawsuit. If you do decide to bring a lawsuit in small claims court, prepare carefully to increase your chances of success.



      • 50-State Chart of Small Claims Court Dollar Limits, small claims court illinois.#Small #claims #court #illinois


        50-State Chart of Small Claims Court Dollar Limits

        Small Claims Court Limits for the 50 States*

        $10,000, except that a plaintiff may not file a claim over $2,500 more than twice a year. Limit for a local public entity or for businesses is $5,000. $6,500 is the limit in suits by an individual against a guarantor that charges for its guarantor or surety services.

        $5,000 (except in landlord-tenant security deposit claims).

        $15,000 (no limit in eviction cases).

        $5,000; no limit on landlord-tenant residential security deposit cases. For the return of leased or rented personal property, the property must not be worth more than $5,000.

        $6,000 ($8,000 in Marion County)

        $5,000 (city court); $5,000 (justice of the peace, but no limit on eviction cases).

        $7,000; no limit for property damage caused by a motor vehicle.

        $15,000 ($4,000 for claims involving consumer credit transactions, $15,000 for claims involving money or personal property subject to criminal forfeiture)

        $3,600 from July 1, 2015 through June 30, 2020 (adjusted every five years based on the Consumer Price Index)

        $3,000 ($5,000 for claims relating to security deposits); certain landlord-tenant suits cannot be brought

        $5,000 ($3,000 in town and village courts)

        $25,000; no limit in eviction suits or suits to recover personal property

        $10,000; no limit in eviction suits

        *Check your state’s website for any special rules or exclusions.

        For the information, tips, and strategies you need to sue someone successfully in small claims court, see Everybody’s Guide to Small Claims Court, by Ralph Warner (Nolo).

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        Small Claims, small claims courts.#Small #claims #courts


        Small Claims

        A small claims case is a legal action filed in county court to settle minor legal disputes among parties where the dollar amount involved is $5,000 or less, excluding costs, interest, and attorneys’ fees. Forms that have been approved for statewide use are located within the Florida Small Claims Rules. The clerk of court may also be able to provide you with copies of appropriate forms.

        A small claims action begins by filing a Statement of Claim. Small claim cases should be filed with the clerk in the appropriate county. Filing fees for small claims actions are established in the Florida Statutes and local county ordinances, and are subject to change by legislative action. The clerk of court may be able to provide information on filing fees.

        After filing, each person or business being sued must be served with a summons/notice to appear in court on a date and time scheduled when the initial claim was filed. A copy of the Statement of Claim should be attached as provided in the Florida Small Claims Rules. Additional fees are required for service of process on the parties being sued. The court may schedule an initial pretrial conference and also order the parties to mediation to resolve problems. Defendants may file counterclaims, set-offs, or third party complaints as provided in the Florida Small Claims Rules. Practice and procedure may vary from county to county. The clerk of court in the county where the action is filed should be contacted for local practices and procedures.

        The court cannot collect money damages for you. You may wish to consult with an attorney for advice on how to collect a judgment.

        Educational Videos

        These videos will soon be available as an alternative to the text descriptions above. The videos attempt to provide information on common issues that self-represented people have in small claims cases. Please note that these videos are not legal advice, and cannot be relied upon as such. If you have questions about this video or about the small claims case process that are not answered by these videos, please consult an attorney.

        The Small Claims Case Process (coming soon)

        Forms Relating to a Small Claims Action

        The forms that may be required for a small claims case may vary from county to county. For the most accurate information regarding the forms necessary in your county, please contact your county self-help or small claims office.

        Additional Resources

        The following is a list of additional resources that may be helpful in self-help cases.

        Locations

        For locations of courthouses, clerks’ offices, or legal assistance programs in each circuit/county in Florida, please refer to the State Map below. Identify the circuit in which your case will be filed and click on the blue circuit link below to see locations that may be important to you.

        The State of Florida Map of Judicial Circuits

        Small claims courts

        Directory (With Associated Counties)



        Ontario Small Claims Court, Justice Matters, ontario small claims court.#Ontario #small #claims #court


        Ontario small claims court

        Ontario small claims court Plus much more

        Our firm practices primarily in the Ontario Small Claims Court , Provincial Offences Court and the Landlord and Tenant Board . We have been in business since 2001 and we have appeared in court over 3,000 times.

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        Many convictions under the Highway Traffic Act can have serious implications for your driver s license and your automobile insurance. Don t do it alone. Talk to us first.

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        The Ontario Small Claims Court can hear most lawsuits that involve claims for money or the return of property up to a maximum of $25,000. Call us for a free consultation.

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        Ontario small claims court

        Under Ontario s Residential Tenancies Act both landlords and tenants have certain rights and responsibilities to each other. Ensure that those rights are protected.

        Ontario small claims court

        Ontario small claims court1. Litigation is a knowledge-intensive enterprise.

        There are about 100 federal and provincial statutes we have knowledge of. In addition there are dozens of common law and equitable principles as well as the Small Claims Court Rules and related procedures.

        Ontario small claims court2. Court staff cannot give you legal advice.

        Court staff can only provide limited assistance with court forms and procedures. And as indicated in the previous point there is far more to litigation than filling out a form.

        Ontario small claims court3. It s not like the reality court-shows seen on television.

        Many people think they can just show up and “tell their story. This is not the case. Each party is responsible to present their evidence, make appropriate legal submissions and know the law as it applies to their case.

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        City of Toronto.

        Ontario small claims courtOur team of Ontario Small Claims Court paralegals continues to service the Toronto Small Claims Court which is the busiest Small Claims Court in Canada.

        The 905 Region.

        Ontario small claims courtFrom our base in the City of Mississauga we service the entire Greater Toronto Area from Hamilton to Oshawa to Newmarket.

        Kitchener Area.

        Ontario small claims courtWe are able to recommend a local paralegal to those clients who require representation in the Kitchener-Waterloo area.

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      • Precision Paralegal Services LLP – Ontario – Alberta Small Claims Court Experts, ontario small claims court.#Ontario #small #claims #court


        Ontario & Alberta

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        Small Claims Court, Pro Bono Ontario, ontario small claims court.#Ontario #small #claims #court


        Small Claims Court

        The Small Claims Court can handle any action for the payment of money or the recovery of possession of personal property where the amount claimed does not exceed $25,000, excluding interest and costs such as court fees.

        This includes the value of all goods that the plaintiff is asking for in total, no matter how many defendants there are. If you are suing for more than $25,000, you will have to sue in the Superior Court of Justice, not Small Claims Court. If you lost more than $25,000, you can still go to Small Claims Court,BUT:

        1. You will have to give up any money that you are owed over $25,000, and
        2. You will have to give up your right to sue for this money in any other court.

        You cannot divide the amount of money you are claiming into separate cases. You cannot, for example, divide $30,000 claim into a $25,000 claim and a separate $5,000 claim in order to have the total amount dealt with in two cases.

        Examples of claims that can be filed in Small Claims Court include, but are not limited to, the following:

        • unpaid loans
        • unpaid rent
        • property damage
        • personal injuries*
        • breach of contract
        • wrongful termination

        Additionally, Small Claims Court is often where you may enforce financial judgments (less than $25,000) made at Tribunals such as the Landlord and Tenant Board.

        *Services update: As part of an effort to focus on areas in which we can be most helpful, Law Help Ontario can no longer assist with the following areas of law:

        • complicated personal injury (e.g. cases that likely need expert evidence);
        • medical malpractice;
        • false arrest/wrongful imprisonment/negligent investigation/malicious prosecution;
        • litigation related to child protection;
        • estates litigation, including anything related to legal capacity.

        Please visit this space in the New Year for updates on new services, including an innovative Employment Law Clinic!



        Why is the South China Sea contentious? BBC News, small claims.#Small #claims


        Why is the South China Sea contentious?

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        Rival countries have wrangled over territory in the South China Sea for centuries, but tension has steadily increased in recent years.

        China, Vietnam, the Philippines, Taiwan, Malaysia and Brunei all have competing claims.

        China has backed its expansive claims with island-building and naval patrols. The US says it does not take sides in territorial disputes, but has sent military ships and planes near disputed islands, calling them “freedom of navigation” operations to ensure access to key shipping and air routes.

        Both sides have accused each other of “militarising” the South China Sea.

        There are fears that the area is becoming a flashpoint, with potentially serious global consequences.

        What is the argument about?

        It is a dispute over territory and sovereignty over ocean areas, and the Paracels and the Spratlys – two island chains claimed in whole or in part by a number of countries.

        Alongside the fully fledged islands, there are dozens of rocky outcrops, atolls, sandbanks and reefs, such as the Scarborough Shoal.

        Why are they worth arguing over?

        Although largely uninhabited, the Paracels and the Spratlys may have reserves of natural resources around them. There has been little detailed exploration of the area, so estimates are largely extrapolated from the mineral wealth of neighbouring areas.

        The sea is also a major shipping route and home to fishing grounds that supply the livelihoods of people across the region.

        Who claims what?

        China claims by far the largest portion of territory – an area defined by the “nine-dash line” which stretches hundreds of miles south and east from its most southerly province of Hainan.

        Beijing says its right to the area goes back centuries to when the Paracel and Spratly island chains were regarded as integral parts of the Chinese nation, and in 1947 it issued a map detailing its claims. It showed the two island groups falling entirely within its territory. Those claims are mirrored by Taiwan.

        However, critics say China has not clarified its claims sufficiently – and that the nine-dash line that appears on Chinese maps encompassing almost the entirety of the South China Sea includes no coordinates.

        It is also not clear whether China claims only land territory within the nine-dash line, or all the territorial waters within the line as well.

        Vietnam hotly disputes China’s historical account, saying China had never claimed sovereignty over the islands before the 1940s. Vietnam says it has actively ruled over both the Paracels and the Spratlys since the 17th Century – and has the documents to prove it.

        The other major claimant in the area is the Philippines, which invokes its geographical proximity to the Spratly Islands as the main basis of its claim for part of the grouping.

        Both the Philippines and China lay claim to the Scarborough Shoal (known as Huangyan Island in China) – a little more than 100 miles (160km) from the Philippines and 500 miles from China.

        Malaysia and Brunei also lay claim to territory in the South China Sea that they say falls within their economic exclusion zones, as defined by UNCLOS – the United Nations Convention on the Law of the Sea.

        Brunei does not claim any of the disputed islands, but Malaysia claims a small number of islands in the Spratlys.

        Recent flashpoints

        The most serious trouble in recent decades has flared between Vietnam and China, and there have also been stand-offs between the Philippines and China. Some of the incidents include:

        • In 1974 the Chinese seized the Paracels from Vietnam, killing more than 70 Vietnamese troops.
        • In 1988 the two sides clashed in the Spratlys, with Vietnam again coming off worse, losing about 60 sailors.
        • In early 2012, China and the Philippines engaged in a lengthy maritime stand-off, accusing each other of intrusions in the Scarborough Shoal.
        • Unverified claims that the Chinese navy sabotaged two Vietnamese exploration operations in late 2012 led to large anti-China protests on Vietnam’s streets.
        • In January 2013, Manila said it was taking China to a UN tribunal under the auspices of the UN Convention on the Laws of the Sea, to challenge its claims.
        • In May 2014, the introduction by China of a drilling rig into waters near the Paracel Islands led to multiple collisions between Vietnamese and Chinese ships.

        Have they tried to reach a resolution?

        China prefers bilateral negotiations with the other parties. But many of its neighbours argue that China’s relative size and clout give it an unfair advantage.

        Some countries have argued that China should negotiate with Asean (the Association of South East Asian Nations), a 10-member regional grouping that consists of Thailand, Indonesia, Malaysia, the Philippines, Singapore, Brunei, Laos, Vietnam, Myanmar and Cambodia.

        However, China is opposed to this, while Asean is also divided over how to resolve the dispute.

        The Philippines has sought international arbitration instead. In 2013, it announced it would take China to an arbitration tribunal under the auspices of the UN Convention on the Laws of the Sea, to challenge its claims.

        In July 2016, the tribunal backed the Philippines’ case, saying China had violated the Philippines’ sovereign rights.

        China had boycotted the proceedings, and called the ruling “ill-founded”. It says it will not be bound by it.



        North Korea s nuclear programme: How advanced is it? BBC News, small claims.#Small #claims


        North Korea’s nuclear programme: How advanced is it?

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        North Korea’s nuclear programme remains a source of deep concern for the international community. Despite multiple efforts to curtail it, Pyongyang says it has conducted five nuclear tests.

        Has North Korea got the bomb?

        Technically yes – North Korea has conducted several tests with nuclear bombs.

        However, in order to launch a nuclear attack on its neighbours, it needs to be able to make a nuclear warhead small enough to fit on to a missile.

        While North Korea claims it has successfully “miniaturised” nuclear warheads, international experts have long cast doubt on these claims.

        Yet according to information leaked to the Washington Post in August 2017, US intelligence officials now do believe North Korea is capable of miniaturisation.

        How powerful are North Korea’s nuclear bombs?

        North Korea says it has conducted five successful nuclear tests: in 2006, 2009, 2013 and in January and September 2016.

        The yield of the bombs appears to have increased.

        September 2016’s test has indicated a device with an explosive yield of between 10 and 30 kilotonnes – which, if confirmed, would make it the North’s strongest nuclear test ever.

        The other big question is whether the devices being tested are atomic bombs, or hydrogen bombs, which are more powerful.

        H-bombs use fusion – the merging of atoms – to unleash massive amounts of energy, whereas atomic bombs use nuclear fission, or the splitting of atoms.

        The 2006, 2009 and 2013 tests were all atomic bomb tests.

        North Korea claimed that its January 2016 test was of a hydrogen bomb.

        But experts cast doubt on the claim given the size of the explosion registered.

        Plutonium or uranium?

        Another question is what the starting material for the nuclear tests is.

        Analysts believe the first two tests used plutonium, but whether the North used plutonium or uranium as the starting material for the 2013 test is unclear.

        A successful uranium test would mark a significant leap forward in North Korea’s nuclear programme. The North’s plutonium stocks are finite, but if it could enrich uranium it could build up a nuclear stockpile.

        Plutonium enrichment also has to happen in large, easy-to-spot facilities, whereas uranium enrichment can more easily be carried out in secrecy.

        Can North Korea deliver it?

        There is no consensus on exactly where North Korea is in terms of miniaturising a nuclear device so that it can be delivered via a missile.

        According to that information leaked to the Washington Post, US intelligence officials now believe North Korea’s claim that it has the technology to fit its missiles with nuclear warheads.

        Japan’s defence ministry has also recently stated this is a possibility.

        The new assessment comes only weeks after North Korea tested what it said was an intercontinental ballistic missile (ICBM) capable of reaching the US mainland. While analysts doubt Pyongyang’s claim, most experts agree the missile could reach Alaska or Hawaii.

        What else do we know about the North’s nuclear programme?

        A site in the mountains near Yongbyon, north of Pyongyang, is thought to be the North’s main nuclear facility, while the January and September 2016 tests were said to have been carried out at the Punggye-ri site.

        The Yongbyon site processes spent fuel from power stations and has been the source of plutonium for North Korea’s nuclear weapons programme.

        Both the US and South Korea have also said that they believe the North has additional sites linked to a uranium-enrichment programme. The country has plentiful reserves of uranium ore.

        What has the global community done about this?

        The US, Russia, China, Japan and South Korea engaged the North in multiple rounds of negotiations known as six-party talks.

        There were various attempts to agree disarmament deals with North Korea, but none of this has ultimately deterred Pyongyang.

        In 2005, North Korea agreed to a landmark deal to give up its nuclear ambitions in return for economic aid and political concessions. In 2008, it destroyed the cooling tower at Yongbyon as part of the disarmament-for-aid deal.

        But implementing the deal proved difficult and talks stalled in 2009.

        The US never believed Pyongyang was fully disclosing all of its nuclear facilities – a suspicion bolstered when North Korea unveiled a uranium enrichment facility at Yongbyon, purportedly for electricity generation, to US scientist Siegfried Hecker in 2010.

        In 2012, North Korea suddenly announced it would suspend nuclear activities and place a moratorium on missile tests in exchange for US food aid. But this came to nothing when Pyongyang tried to launch a rocket in April that year.

        In March 2013, after a war of words with the US and with new UN sanctions over the North’s third nuclear test, Pyongyang vowed to restart all facilities at Yongbyon. By 2015, normal operations there appeared to have resumed.

        The 2016 tests brought international condemnation, including from China – the North’s main trading partner, and only ally.

        In 2017, the UN agreed a new sanctions package in response to the tests.

        In August, US President Donald Trump threatened North Korea with “fire and fury” should the country not abandon its threats against the US.

        The rhetoric from Washington failed, though, to rein in Pyongyang which in turn said it was developing a strike plan to hit the US territory of Guam, an island in the Western Pacific.