5,109
edits
Difference between revisions of "Starting a Small Claim (20:V)"
Jump to navigation
Jump to search
Starting a Small Claim (20:V) (view source)
Revision as of 22:00, 31 July 2017
, 22:00, 31 July 2017no edit summary
| Line 130: | Line 130: | ||
== C. Identifying the Defendant(s) == | == C. Identifying the Defendant(s) == | ||
When drafting a | If a settlement letter is unsuccessful, parties will be required to file a Notice of Claim through Small Claims Court; see Section V.D.: Drafting the Notice of Claim. | ||
When drafting a Notice of Claim and throughout the litigation process, it is important to stick to the '''relevant''' facts. Court is not a forum for airing grievances that do not give rise to a claim. For example, in a claim for breach of contract, the fact that the defendant acted rudely is generally not relevant to the claim. Including irrelevant facts confuses the issues, wastes time, raises tensions, and makes it more difficult to successfully prove the claim. A good rule to follow for each type of claim is to include '''only the facts necessary''' to satisfy the legal test for that type of claim; brief is better. | |||
It is important to make your cause of action (e.g., negligence, breach of contract, etc.), type of damages, and amount of damages very clear. Do not let the judge guess what you want. | It is important to make your cause of action (e.g., negligence, breach of contract, etc.), type of damages, and amount of damages very clear. Do not let the judge guess what you want. | ||