Take Creditors and Collection Agents to Small Claims Court by Community Members at Debt Consolidation Care - HTML preview
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The actual procedure / steps of filing the claim
• Go to your county courthouse and request the clerk to assist you. Ask him the procedure.
• Fill in the forms given by him.
• There will be a filing fees to be paid beforehand (usually between $10 and $50, although it can vary).
• In some counties, they can ask for a judge’s signature in the form. In others, your signature done in front of the clerk is enough.
• The processing time varies from court to court.
• You will be informed of the date of hearing on the same day or later on by mail. It depends on the processing time taken by the court.
• You have to give a notice to the other party mentioning that you are filing a claim against it. This should be done by you or by the court, depending upon the court procedures.
• Mention your name and address properly in the notice so that you get the discovery notice sent by them.
You must answer their questions and give them the required information. It is their legal right to ask you any question. But if you think that any question is not related with the case, you can ignore it.Avoid mentioning any proof (for example, witnesses and/or documents) you have got, in the discovery response.
The intention of the other party in sending you a discovery notice can be anything. It could be that they actually want the information. Or else, they want to show you that they are prepared, so that you step back from the case.If you do not get the discovery notice If they do not send you a discovery notice, there is a high possibility that they won’t be participating in the trial. In that case you have a greater chance to win. Back to Index We follow the Creative Commons Attribution License for all works we publish.