There is a section that reads: Plaintiff being duly sworn , on his oath deposes and says that Defendants is justly indebted to him in the sum of $__________________(dollars) for *____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ plus all court costs and that no counterclaim exists in favor of the defendant and against the plaintiff except____________________________________________________________________________________________ *STATE NATURE OF CLAIM IN CONCISE FORM WITHOUT TECHNICALITY, INCLUDE ALL DATES. Can the Experts elaborate on what their personal experience has been when filling out such a form?? Also, can you elaborate on Justice Court vs Small Claims Court???
Justice & SC - Both up to $5K Justice - civil matter; forcible entry and detainer (eviction), foreclosure, lien enforcement on personal property SC- recovery of money only Justice - Prohibited cases - suit be state for escheat; divorce, slander & defamation, suits for title to land, foreclosure on land SC - suit by assignee, loan companies, CA's. Justice - Filing fee $17 SC $12 Justice - Venue generally the county & precinct where 1 or more defendants reside (there are exceptions) SC - county & precinct where defendant resides; where the defendant contracted to perform Justice - Pleadings Petition and answer may be oral, all other pleadings must be written SC - Petition must be sworn (notarized). All other pleadings must be informal Justice- Attorneys may appear for individuals, must appear for corporations SC - may appear, but not required Justice- Discovery allowed SC - Allowed but limited with prior court approval Justice - Rules of evidence apply SC - do not Types of Remedies Justice & SC - writ of execution, SC - does not permit writ of attachment or writ of sequestration.
Hey {{{{{{{{{{{JLYNN}}}}}}}}}}}}} You know I got in my car.....hehehehehehe I need "direction" (horns out) Can You (or any one else) elaborate on the section that asks for the nature of the claim For Small Claims for the purpose of our not so nice friends with the CA's
Well - I haven't had to file yet, but given what you put down (without technicality). I think I would list "multiple violations of the Fair Debt Collection Practices Act (and/or - whichever applies) the Fair Credit Reporting Act." I think, with my claim I would attach copies of the pertinent sections, just in case you have a Po Dunk Justice of the Peace that knows nothing about it. But this is just my opinion.
You may not need it on the small claims paperwork, but I would make a list of very violation they have made, what section and subsection it violates, and any case law or FTC opinion letters that support it. Break a leg (or arm) of the CA!
If they are bonded you might check into filing a claim against their bond. It happens to car dealers and home builders all the time. It doesn't cost anything either.
I don't know if you've had your question answered so I will put in my 2 cents. My experiance with filing in small claims is that you need to be very careful how you lay out your claim, most small claims courts allow a defendant to move for formal procedure. This means that they can "bump" a small claims suit up to District Court and formal civil procedures apply. When a defendant does this they can also file a motion to dismiss for "failure to state a claim for which relief can be granted" this means that unless you state exactly what the defendant's duty was and how their failure caused you damages that the court has authority to remedy, the suit will be dismissed. We did exactly this when a CA sued my wife and had the suit thrown out. State all elements of your claim in simple single subject sentences.
