When you’re filing a small claim lawsuit, you need to prepare an accurate and complete claim statement.
And you need a good lawyer.
So what do you do when you don’t know the answer to that question?
Here are five common mistakes you can make when filing a claim against your small claims judge.
You’re just not familiar with the basics.
It’s hard to understand the legal system and its nuances when you’re just filing a lawsuit, says Rachel Bloch, a lawyer with the National Small Claims Office.
“There’s no way for a court to tell you if the claims you’re alleging are correct or not,” Bloch says.
And if you’re looking to file a claim for money or a medical claim, you’re probably better off looking for help from a lawyer.
The American Bar Association recommends that you have an attorney provide the basics of your case.
“The best advice I can give is to be familiar with all the basic issues in small claims cases,” Bloche says.
“If you’re not familiar, then you might have a lot of trouble.”
You forgot to include your name.
If you don ‘t have a name on the form, your lawyer can’t give you any notice of your right to the money.
And this can leave you unable to collect on the claim if the claim is rejected.
So be sure to include all of your information on your claim form.
You’ve been told your claim is not timely.
Your lawyer can review the claim and make sure that it is timely.
“In most cases, a court will award the claim on the same date as it would if the claimant hadn’t filed a claim,” Bloches says.
In other words, the claim should be processed at the same time as other claims in the case.
Bloch also recommends that your lawyer check your claim to make sure it’s being processed correctly.
If it’s not, ask the judge to reconsider the decision.
“That way, the court can take into account other factors and decide whether the claim will be accepted,” Blos says.
You think your claim should have been processed before your lawyer came.
Your small claims attorney can help you determine if your claim has been filed before your own lawyer arrives.
The judge will also make sure the claim was properly filed and the money owed.
If the claim isn’t being processed right now, it can take weeks for the money to arrive.
“When the claim has not been processed, the amount you’ve paid may not be accurate because you’ve missed the filing deadline,” Blokos says, adding that a small claimants lawyer can also assist you in paying that amount.
You have an injury claim that has been denied.
This can be a tricky one.
Sometimes the court just says your claim isn ‘not timely.’
So you may have to go through a process of going through a lengthy process before you get the money you need.
But even if the court says you don’ t have the money, Bloch recommends that if the small claims case isn’t dismissed, your lawyers file a request for a dismissal on the merits.
“You should ask the court to reconsider your dismissal,” Bloch says.