I've been trying to hire a lawyer to take my case but they all say it'll be difficult because of no witnesses or police report. Plus it happened on an unpaved road. I only have photos which show he nearly T-boned me. So they keep recommending that I sue in Small Claims Court.
So has anyone have experience going there and did you win or lose?
Should I use LegalZoom to file? They do charge $ 125 fee for this service.
since my car was totalled and have medical bills, I'll be suing for $ 7500 (limit in my state).
Are there any tips I can use to bolster my case? Maybe like accident recreation video or something?
Answer by Charles Veidt
People's Court has very little to do with real legal procedings. It's not actually even a real court - both parties have agreed before the show to accept the decision of the "judge" as binding arbitration.
It's only dressed-up and staged to look like court - it's really not, and doesn't follow standard court procedure.
For an actual case, I would consult a lawyer for advice.
Answer by WRG
The clerk of court should have the forms you need to complete for free. There will be a filing and service fee.
You will tell your story, they will tell theirs. The judge will look at the evidence and ask you both questions and rule.
Answer by Uncle Pennybags
I've gone to small claims court. It's pretty much you against the defendant with no lawyers. You sue for real damages only and you bring whatever evidence you have to back up your case. Have a good sketch of what happened since it's a vehicle accident. My roommate was in small claims court once and he had to sketch out the accidents as he understood it on a white board.
If the case is decided in your favor, make sure you have receipts for medical bills and estimates for the value of your car, so the judge can award damages. You can get the value of your car based on age, mileage and condition from edmunds.com and kbb.com. Print those out and bring them.
$ 125 sounds excessive. Most counties have a web site that includes information about where your small claims courts are and how to use them, including filing fees.
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Orignal From: Q&A: Has anyone ever been to Small Claims Court? Is it anything like People's Court on TV?
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