Is a reasonable solution to the problem. Can stand up to possible objections.
This is the public legal forum for settling lesser civil lawsuits, presided over by a judge but no jury. You open a small-claims action by filing a statement of claim, in which you briefly set out your case against the defendant. Keep some basic rules in mind when preparing this important document.
Get the Form Get a statement of claim form, either by visiting the local courthouse or downloading the form from the court's website. These forms provide spaces and lines for all the information needed to legally file the claim. Some courts provide fillable forms, which you can complete online and then print out.
This is your best option, as it makes the claim legible and clear to the defendant and judge. Name That Defendant Name the proper defendant. You must give the full legal name of the other party with precise and correct spelling, as well as her address and phone number, if you have them.
If you are filing a claim against a business, give the business name as registered with the state.
Every business operating under a name other than that of its owner must register its "fictitious name," and this information should be available online from the state agency or court that keeps this registry.
Cause of Action In the space provided, give the reason for your small-claims lawsuit. You only need basic information, with emphasis on the legal contract or agreement you believe the defendant violated. You do not need to cite laws or provide evidence or exhibits with the claim; you can do this during your oral presentation at the hearing, if necessary.
Break down the amount of your claim into all of its constituent parts: Some small-claims courts provide no space for text; you simply check a box to indicate the nature of the case.
The New York City small-claims form, for example, lists check boxes next to 28 different causes of action, from "Damage Caused to Automobile" to "Check Stopped.
This is the figure that will be used by the presiding judge to determine the amount of your judgment, should you win the case. You are also allowed to claim any costs in the legal case, such as filing fees and the costs of serving the claim and the court summons on the defendant.
Final Considerations Sign and date the claim at the bottom of the form in the space provided and in the presence of a notary, if required by law. Print the correct spelling of your full legal name. If you have an attorney representing you in the matter, he must sign in your place, giving the address and phone of his place of business, as well as in some jurisdictions his state bar number.
The court clerk will file your statement of claim and accept your filing fee, and she will issue a summons that you must serve on the defendant, either personally, through a process server or by certified mail.You do not have to claim every conceivable cause of action that your facts might be stretched to cover.
I recommend a conservative approach that would allow you to write . What is an example of " STATE A CAUSE OF ACTION "? Can a lawyer write an example sentence to show me?
I had a case dismissed before for " failed to state a claim or cause of action ", which l. Federal Pro Se Clinic U.S. Courthouse, 5th Floor N.
Spring St., Room Los Angeles, CA write in your complaint are contained in Step 3 of this guide. 8) (also called “causes of action”).
Request for Relief: Explain what you would like the court to do. Oct 28, · Please give me a sample Cause of Action statement for say a Please give me a sample Please give me a sample Cause of Action statement for say a citizen sueing a town over violations of the Government in the Sunshine Law in Florida or 5/5.
Second cause of action for damages in an eviction case? How do I proceed with the second cause of action for damages in an eviction case and how do I go about garnishing a tenant’s wages? The court may choose to write its own entry.
Depending on how busy the judge is and how many cases he or she has, the judge may sign an entry and issue. Cause Of Action In A Civil Suit Introduction.
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