Yes, you can potentially be sued for an accusation made in Small Claims Court if the statement is false and harmful to someone's reputation, leading to a defamation claim. However, statements made in the course of legal proceedings are often protected by legal immunity, known as "absolute privilege." This means that as long as the accusation is relevant to the case, you may be shielded from liability. Nonetheless, it's important to be truthful and accurate in all statements made in court.
Yes, from what I have seen on court TV shows. There is a lot of info in the headers that can make them reliable evidence.
In most small claims courts, there are no jury trials. Cases are typically heard and decided by a judge. This is to streamline the legal process and make it more efficient for resolving small disputes.
To write a small claims complaint, you need to include your personal information, the defendant's information, a clear description of the issue, and the amount you are seeking in damages. Make sure to follow the specific guidelines provided by the small claims court in your jurisdiction.
Turtle responds to her accusation in "The Westing Game" by denying the accusation and calmly presenting evidence that refutes the claims against her. She remains composed and confident in her innocence throughout the accusation process.
Absolutely; anybody can be sued. If the court orders you to make a payment which you are unable to pay, you can declare bankruptcy.
Make the question more direct.
If one party in an action does not appear at the trial/hearing the court can make a default judgment. This judgment is binding unless overturned at a later date.
Yes, that would be the proper venue. Make sure you are able to produce proof to the court that the loan was made.
You can sue anyone without an attorney. You just have to make sure you do all of things that the court requires. Small claims court may be a better way to go depending on the amount of the debt and the limit of small claims amounts in your state.
Here is what you do. Write a letter requesting payment. Put a deadline in the letter. Make it reasonable time frame. State in the letter you will take them to small claims court if you don't get payment. Send the letter registered mail. When they don't pay go to your local courts and file a small claims suit. They will be served, given a court date. Make sure when you go to court you take your evidence with you.
In small claims court in most states the judge determines who is more likely correct in their assertions. The judge then has the ability to make an award based on the law and or equity. See related answers below for all 16 states that do not have equity available as a basis for judgment
Take them to small claims court. The cost is very cheap and you don't use a lawyer. Make sure you can prove your case.