Chapter 17
Selecting the Court
In This Chapter
Understanding the different types of courts
Suing in small claims court
Knowing your options after trial
You’ve decided to file suit against your recalcitrant debtor, and (having read Chapter 15) you’ve formed your strategy as to exactly whom to sue and what legal theories to use in support of your case. Now you must choose the court in which to file your lawsuit.
What follows is a discussion on courts: big ones, little ones, and appellate ones (“Appeals court,” you say? “None of them appeal to me . . .”) available to you when you need to sue your debtor, either by yourself or with an attorney.
Choosing Which Trial Court to Use
In some ways, state and federal court systems are very similar. They’re organized into hierarchies, and the lowest courts are usually trial courts, while the highest court for most cases is an appellate court.
Although the judicial system includes many different courts, you need only consider a few courts when choosing where to file your lawsuit against a debtor. Most states have courts that hear cases based on the size (dollar value) of the case. For most collection cases, the amount of your claim dictates where you file.
No matter what court you’re in, good, solid preparation is the key to victory. Prepare your claim as if you’re in the big leagues. We describe case preparation in Chapter 15.
Lawyer lingo: ...
