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Filing and Winning Small Claims For Dummies Kindle Edition

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Length: 360 pages

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From the Back Cover

Learn to:

  • Prosecute or defend your small claims case
  • Grasp small claims court laws, statutes, and procedures
  • Settle or mediate a dispute

Real insight you can trust and use in small claims court

When every other method to collect has failed, a small claim is the right remedy to seek. If you're looking at either prosecuting or defending in small claims court, with or without an attorney, the information in Filing & Winning Small Claims For Dummies has you covered. You'll find everything you need to know, from establishing a small claims case to settling or mediating a dispute — and everything in between.

  • A small claim is a big deal — determine if your case belongs in small claims court and then make the big decisions before you take the next step, like how much money you'd like to get and if you need a lawyer to help you get it
  • Court is in session — get expert tips on all of the paperwork and information you'll need for your day in court
  • Make your case — discover how to present your case to the right person at the right time in the right way (and how to avoid making any missteps that will compromise your case)
  • Keep order in the court — find examples of some of the most common types of small claims cases and how to prepare specifically for them

Open the book and find:

  • Help for deciding if your case belongs in small claims court
  • How you can determine if you have a "civil dispute"
  • The limitations of small claims court
  • The pros and cons of hiring a lawyer
  • How to classify your case in general legal terms
  • Tips and guidance on presenting your case in court
  • Ways to handle post-trial issues
  • Ten blunders to avoid in court

About the Author

Hon. Philip S. Straniere was named an Acting Justice of the New York State Supreme Court in 2004 and is currently the Supervising Judge of Civil Court, Richmond County, New York. Prior to going on the bench he was in private practice for over 20 years.

Product Details

  • File Size: 854 KB
  • Print Length: 360 pages
  • Publisher: For Dummies; 1 edition (March 19, 2013)
  • Publication Date: March 19, 2013
  • Sold by: Amazon Digital Services, Inc.
  • Language: English
  • Text-to-Speech: Enabled
  • X-Ray:
  • Word Wise: Not Enabled
  • Lending: Enabled
  • Enhanced Typesetting: Not Enabled
  • Amazon Best Sellers Rank: #392,646 Paid in Kindle Store (See Top 100 Paid in Kindle Store)
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Customer Reviews

Most Helpful Customer Reviews

4 of 4 people found the following review helpful By E. Nelson on February 3, 2015
Format: Paperback Verified Purchase
This is one of the worst books I have purchased in a long time, truly. Returning now as 'defective.' I highly recommend the Nolo book. I have that one already and thought I might get a second book for additional information - what a joke. This book says virtually nothing about small claims court - because the author has not bothered to do any research or learn anything about small claims. What the book does contain is a rambling by (allegedly) a New York judge that is completely inaccurate in a majority of states, and 100% wrong in Connecticut, where I live.

The book discusses things like whether or not you want a jury to decide the case (there is no jury in small claims court), whether or not you should appeal (there is no appeal of a small claims decision) and he talks about serving the lawsuit by handing it to the defendant (you cannot do that). It blows me away something as un-researched and inaccurate as this got published. He talks all about pre-trial and post-trial motions (there is no motion practice in small claims court).

By comparison, the Nolo book is entirely helpful and accurate, all the way. What a contrast.

Not only is everything in the book wrong and inaccurate, but the author also rambles on in an incoherent style. He talks about suing companies for products liability and then says usually you cannot do this in small claims court. (Well, can you or can't you? Why not provide a 50 state chart?). He does this throughout the book - suing an airline for lost luggage? maybe you can or maybe you cannot. Want to sue a repairman for bad home repairs? According to this author, maybe you can or maybe you cannot.

What an incredible waste of my time. Don't believe a thing this book says.
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5 of 6 people found the following review helpful By scesq VINE VOICE on August 27, 2013
Format: Paperback Vine Customer Review of Free Product ( What's this? )
Small Claims Court is one of the few areas of the law where, in my opinion, individuals can, in many cases, effectively represent themselves. A book like this goes a long way in familiarizing the general public into what is involved when being a plaintiff or defendant in Small Claims Court.

While small claims' courts vary in terms of procedure from state to state this book looks at the big picture of what to consider when filing a claim in small claims or responding to one. You would need to contact the court in your area for specific rules.

The first part of the book looks at whether it is worth bringing a claim in small claims, where to bring the claim and whether or not to hire a lawyer or represent yourself.

The second part looks at what you need to do to start things rolling. It looks at who to contact, how to serve the defendant and what to do if you are a defendant.

The third part looks at how to act in court, legal concepts like making motions and examining witnesses and understanding the judges decision. This section could have been larger since textbooks have been written on court procedure but considering this is a Dummies book the section works.

The fourth part looks at specific types of cases brought in small claims and how to address them. It looks at cases against businesses, landlord tenant disputes, suing neighbors and claims relating to internet issues.

The fifth part looks at post trial issues. Issues such as what to do if you win or lose are addressed. For instance how to appeal a case is addressed or how to collect on a claim is also reviewed.

Finally the book looks at the top ten ways to improve your chances of winning and the top ten blunders to avoid.
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Format: Paperback Vine Customer Review of Free Product ( What's this? )
One of those "foolish assumptions" the Honorable Philip S. Straniere has when you crack the pages of this book is that you're "either suing someone or being sued in small claims court." Wrong in my case, but I do know someone who is being sued. His stress factor is sky high and his pocket book is getting much lighter as he has had to consult a lawyer. I know nothing about small claims court, outside of the obvious, but this book is quite informative, well-written, and interesting. Do you know that "one person can affect your case more than almost any other --- and it's not the judge." Surprise, surprise, it's the court clerk. There's actually a whole chapter devoted to this powerful person and how to hold a little sway over him or her.

Yes, you can roam the Internet finding answers to all your questions and most likely lengthy tomes on the small claims court, but I much prefer a book. Did you know what replevin is? How about an exculpatory clause? E-Evidence? Mind you, I thought I knew a little bit about small claims court, but in retrospect can admit to being a real dummy. Each chapter is prefaced by bullet points outlining the basics of what will be discussed. Throughout the book you'll find little icons that will highlight additional information you'll need to pay attention to. They offer up tips, things you'll need to remember, examples, point out technical stuff, and offer up cautionary notes. For example one under the realm of technical hints claims that "If you use independent arbitration outside of the court system, the finding of the `arbitrator' is called an `award' or a `decision.'"

If you are being sued or are considering suing someone in small claims court, this is probably one of the easiest and well-thought out books to read.
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