TABLE OF CONTENTS
- Acknowledgments vi
- Foreword
- Disclaimer
- I. INTRODUCTION
- Why you need this book
- Does this sound like you?
- The goals and applicability of this book
- How this book is organized
- II. THE LEGAL TERMS STEP-BY-STEP
- III. DECIDING WHETHER SMALL CLAIMS
COURT IS RIGHT APPROACH
- Considerations in choosing not to initiate
a Small Claims Court action
- Confrontation: an enlightening story
- Considerations and criteria for choosing
to initiate a Small Claims Court action
- Why do it yourself (pro se)?
- When you should see a lawyer
- The kit of forms for Small Claims Court
(SCC) by state: NY, NJ, CT
- Part I: WINNING YOUR JUDGMENT
- IV.THE PROCESS OF OBTAINING A JUDGMENT
- Preparation
- Filling out your initial (statement of)
claim form
- Efficiency in filing your initial claim
form and scheduling your hearing
- Filing the initial claim form
- Obtaining documents held by the defendant
or other persons that you believe will
- help you prove your case
- Compelling an unwilling (possibly helpful)
witness to testify
- Using the court calendar to your advantage
- Pre-hearing attempts to settle
- A micro preview of a typical evening in
Small Claims Court
- V.TWELVE SCENARIOS AFTER YOU FILE AN
INITIAL CLAIM FORM
- VI.ALL ABOUT THE COURTROOM HEARING
- Presenting your case before the arbitrator
- Testimony -- what is not permitted
- Sending staff to stand in for the boss:
Christine's story
- In-office record keeping
- VII.COUNTERING THE COUNTERCLAIM
- Counterclaims and fairy tales: a story
without a moral
- The counterclaim in perspective: threats,
bluffing and reality
- The objection and other useful tools in
the counterclaim
- VIII.WHAT YOU CAN DO WITH YOUR JUDGMENT
- Finding your debtor's assets and starting
to garnish his/her salary (income) or
- execute against his/her property (bank
account, etc.)
- Choosing the right approach to collect on
your judgment
- The easiest approach (using just the home
address)
- Impair credit (using just the home
address)
- Garnish debtors salary (using just
the work address)
- Levy the debtors bank account (using
just the name of their bank)
- Threatening letters to the debtor
- IX.QUESTIONS AND ANSWERS
- CHART I: Schematic overview of the
process, from unpaid bill to payment of fee using
- the judgmentas an instrument of leverage.
- CHART II: Putting your judgment to
work with minimal effort
- Part II: COLLECTING ON YOUR JUDGMENT
- LIST OF APPENDICES
- APPENDIX A: Addresses, Telephone
Numbers and other Information of Importance
- Pertaing to SmallClaims Courts, Libraries,
Bar Associations, Sheriffs and County Clerks
Offices, Appeals Courts, Marshals Offices, Process
Servers
and Asset Locators
- APPENDIX B: Income Execution to
Garnish Debtor's Salary and Property Execution When You
KnowDebtor's Bank
- APPENDIX C: Registering Your
Debtors Judgment in the County Clerks Office
- APPENDIX D: The Subpoena for
Records
- APPENDIX E: Procedures That Release
the Debtor After You Collect the Fee/Debt 127
- APPENDIX F: Subpoena for
Information and Restraining Order 129
- APPENDIX G: Appealing a Decision
Rendered by a Judge in Small Claims Court 133
- APPENDIX H: The Location/Tel. Nos.
of Small Claims Court in the States of NY, NJ, CT 145
- APPENDIX I: Collecting When Your
Debtor Has Moved to NY, NJ or CT 151
- LIST OF FORMS 156
- FORMS 1-53: 107 sides, sequentially
numbered in the lower right corner of side one 165
- Afterword 273
- Bibliography 276
- INDEX 277
- Order Form 287
Menu / Next