How to Navigate Small Claims Court California
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- เผยแพร่เมื่อ 26 ก.พ. 2024
- In this video, I will guide you through the process of filing a small claims court case when you've been wronged and seeking justice. As an attorney with experience in small claims court, I will provide important tips and strategies for writing a demand letter, setting a reasonable timeline, and gathering evidence. I will also discuss the importance of being concise and factual in your communication with the court. By the end of this video, you will have a clear understanding of how to pursue a small claims court case effectively.
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Thank you so much for your advice!
Should I ask them in the letter to respond by letter or is a call/text good enough? Thanks again!
Hi!! Thank you so much for this helpful video. Question: would you advise against offering a settlement in your demand letter? “ if this is not resolved I will be taking you to S C COURT for $11,500, however in order to avoid court I would accept $7,000 to settle?” Or just say the amount you’ll see for and see if they counter offer? Thanks!
The judge could see the letter and see you were willing to take less. Why not just ask for what you think it's worth and don't bid against yourself. You can negotiate after they respond.
About 2 months ago I experienced sexual battery. I made a police report. In the aftermath one of the symptoms was nightmares that included grinding my teeth during them. This grinding caused a tooth to become painful and infected. The tooth will need to be extracted and an implant will cost thousands of dollars in addition to the fees for therapy to understand and heal from the emotional aspects I’ve been experiencing since.
I’ve contacted attorneys that deal specifically with sexual assaults but no one is willing to take the case. Guess it’s not a good payout for them. So, I’m thinking maybe small claims court?
Often times attorneys will not take a sexual battery case unless there’s a conviction and there’s a good chance that they will be able to recover money. Did the person who did the sexual battery have a lot of money or were they were working at the time? Because you can go through a lot of work to get a judgment or verdict against the person, but it’s only a piece of paper and you won’t get paid. Was the perpetrator convicted?
@@howellaccidentlawyer - The individual is retired, has recently sold his home and moved into an apartment on his son's property. His wife died over a year ago and has her retirement savings. All come to about $390,000.
Was there a conviction?
@@howellaccidentlawyer - Not yet, I spoke with the detective assigned, he had just gotten the case. He said it could be a few weeks before he hears anything. I spoke to him on 15 Feb. Made the report on 7 Feb.
@@howellaccidentlawyer - Update and Question - I spoke to the detective in March and he stated he turned the case over to the district attorney on 2/16/24. Haven't heard anything since, he said he will notify me if he does. Question - does that mean that he interviewed the offender before sending the case to the district attorney?
Can the letter sent to the person come as an email or text?
I recommend a physical letter sent by certified mail.
Is it legal to video record when you hand them any letters or notices if you do it yourself?
I would do it for evidence of course. How else would you be able to prove that you gave them anything?
I recommend a physical letter sent by certified mail. It is more official.