Letters from eye witnesses should first state who the witness is and then say how, where and when the witness saw (heard, smelled, or touched) important events or evidence. In-person testimony is always best, but if witnesses can’t come to court, letters can be effective way to prove your story.Įyewitness letters. Most small claim courts will accept letters from witnesses, but check with the clerk of the court to be sure. Depending on the facts of your case, a few tools you can use to convince the judge you are right include: Your chance of winning will increase if you carefully collect and prepare your evidence. If your problem is still unresolved, go to court and use all of this as evidence. Send it by certified mail, and keep a copy and the receipt. If your first letter doesn't solve the problem, send a short demand letter. Allow two weeks deadline for an answer to your demand but don’t make threats of legal action yet. If the call doesn't do any immediate good, save your notes as evidence and send a short letter restating the information you gave in the phone call and the response you received to the person or company. Make a firm demand - Example ("I expect your repairman to be out here tomorrow to fix my roof or I want my money back") ħ. Ask for the name and title of the person you are speaking with. Identify yourself and state your problem again Ĥ. Ask to speak to the appropriate person ģ. Identify yourself and state the reason why you are calling Ģ. The steps of your phone call should be:ġ. It's always better to try to solve problems outside of court, so try to settle the matter first by talking to the person or company or writing letters to solve the dispute. Here is a link to a government web site that may help you locate the justice of the peace for a specific place in Louisiana: If you don't know where the court or justice of the peace is in a particular rural area, ask at the office of the clerk of court in the parish courthouse. Contact the court in that area to see if it handles small claims. Ordinarily, you file suit where the person or company you're suing (the defendant) lives or does business. If someone caused you $500 worth of damages, you can sue for that but not for another $500. You also cannot sue for punitive damages, only actual damages. You cannot file suits involving: marriage, separation or divorce emancipation of a minor a state agency or the local or parish government a public official acting on official duty. Suits involving personal injury have to be filed within one year of the date of injury. Common consumer complaints involve: repairs, warranties, defective products, damaged property, insurance claims and undelivered goods. Small claims court suits include contract arguments, money damages for injuries caused by another, action to get possession of personal property (but not ownership of real estate), eviction proceedings, and consumer problems. You can sue only the person/persons or company who caused you damage or injury. In some cases there may be more than one defendant. The person or company being sued may be an individual, a corporation, a partnership, a sole proprietor, or an unincorporated association such as a club. A younger person must sue through a parent or guardian. You do waive (give up) your right to a trial by jury, and you must accept the judge's decision as final.Īnyone filing on his own behalf who is 18 years of age or older can sue in small claims court. You can file suit there without having to hire an attorney, and the technical rules of evidence are relaxed so you won't feel lost. Using them is one of your rights as a citizen. Small claims courts are courts where you sue to solve minor civil law problems or to collect smaller amounts of money. SMALL CLAIMS COURTS, FROM ACADIANA LEGAL SERVICE CORPORATION
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