This list is not exhaustive, but is intended to give an example of claims that would probably belong to the Court of Small Claims. It is important to file your case in a proper court for small claims. In the large counties, the landkreis is divided into courts. In these counties, you must also submit your case within the correct legal ground within that county. Your civil action and the prosecution of the perpetrators were dismissed in the District Court on the grounds that the accused were justified in their actions. You do not want to let go of the incident and you enter into the contract you sign in a dark alley to obtain extrajudicial justice for the perpetrators of your injuries. Think carefully about how much money you want to ask for. The judge will ask you to prove that you are entitled to the amount you claim. This means that you can only get a judgment of an amount that you can prove. You can prove your claim by almost any type of evidence: a written contract, a warranty, a receipt, a cancelled examination, a letter, a professional estimate of damages, photos, drawings, your own statements and witness statements that come with you to court. Here are some exceptions to the general rule that a case must be filed and heard in a court within the county (and the area of the court, if any), where the defendant resides: Then you will receive a (paper) notice from the court with the time, date and location of a mandatory comparison conference. If you and the person or company you are suing fail to reach an agreement during the conciliation conference, you can request a trial version. Try to name the Accused Or correctly when you prepare your claim.
While you may need to use the trial to obtain a judgment in your favour, it is important that the defendant is properly named. Otherwise, it can be difficult to apply your judgment. If you do not know the accused`s real name and you will not know until later, you can ask the judge to amend or amend your application at the hearing. You can also change the judgment at any time to show the correct name of the judge. 3. Send a “letter of demand” if you can`t talk to the person you want to sue. Tell me in the letter what the problem is. Explain how you want to solve it. Say that you plan to take legal action in a small claims court if you do not reach an agreement.
A well-written letter of demand shows that you are serious. It gives the person or company a chance to rethink. A need letter model is at the end. Another form that an applicant may need for small claims is the fictitious name of the company [declaration] (form SC-103). Companies that use fictitious business names, z.B. “Joe Jones, who does business as Joe`s garage” – must sign this form and submit it to court.