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There are 3 methods - check with the clerk of the court for service info specific to your state. 1. Hire a licensed process server to serve the papers. 2. Have the county sheriff serve the papers. or 3. Have a responsible adult who is 18 or older serve the papers. With option 3 you will need to make sure the person signs a return of service--sheriffs and process servers should prepare this paperwork automatically. Answer Try sending the notice by certified mail--signature needed by the particular person-- This worked for us and was a cheaper option. Of course, if they had not signed and made a reply to the court, we would have had to hire a process server.
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Do you have to give deposition at defendants lawyer's after filing small claims suit?
Defendant should not have a lawyer in Small Claims Court. Most small claims actions forbid having an attorney appear unless the attorney is the plaintiff or defendant.
Where do you originate your small claim if you are the plaintiff?
Small claims court in the county where the defendant resides or the county in which the claim arose.
Can you amend the amount you are suing for in small claims court after already serving the defendant but before receiving a court date?
inhale my fart
How can you take someone to small claims court in Las Vegas NV if they live in Woodland Hills CA?
Most small claims courts require you to file where the defendant resides. To find out what the case is in your jurisdiction, contact the clerk of court where you live to see if you can file against an out of state defendant there.
Who decides if civil or small claims?
The plaintiff decides. However, there are two main exceptions: If it is over $5000, it must be tried in county court. And, if the Defendant wishes, he or she may remove the case from Small Claims court to county or district court where he or she may be represented by an attorney. Be careful, if you file in small claims court and it is removed, you will lose the right to trial by jury.
In a small claims court if the defendant wins then can the defendant claim costs for their fees that they have paid out?
as much as they like i think In the UK they can claim all expenses, the court may also award damages as compensation in some cases.
What if you can't able to serve someone in small claims court?
There are procedures for substituted service to use when you are unable to serve a defendant. For example, some states allow service by publication, i.e. placing an ad in paper. There are several different methods of substituted service, you just need to check the laws of your state. Usually you need court approval for substituted service. I would call the small claims court and ask the clerk about this. If you cannot get help from the clerk, file a motion in writing with the court asking for substituted service and ask the judge.
How do you serve small claims?
The process of serving small claims varies from state-to-state. They are generally served in the same way as civil summonses. As a general rule, neither you, anyone related to you, nor any witnesses in the case may serve the small claim. Most people have the claim served by a licensed process server or send it certified mail, return receipt requested, restricted delivery to the defendant(s). Your local small claims court can provide you with specific service information based on your state's laws.
In small claims what if the defendant is a no show?
If the defendant is a no-show the person sueing will win by de-fault
How do you collect awards in small claims court?
To collect an award in small claims court, you will typically need to ask the court to enforce the judgment. This usually involves filing additional paperwork to request the court's assistance in collecting your judgment, such as a writ of execution or a garnishment order. You may also have to work with the court to locate the defendant's assets that can be used to satisfy the judgment.
Can you sue someone you cosigned on a car loan that you had to pay for after it was repossessed?
Most likely yes, in a small claims court - if the amount is low enought. You need a lawyer to go above the small claims court and the defendant needs some assets if you hope to collect your money and the lawyer fees.
Can you sue in small claims court in another state?
No. The small claims court works locally.
