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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
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Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I have read that it is important to file the claim very specifically.

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I have read that it is important to file the claim very specifically. I believe the Dentist has a DBA with Collin county "Haight Family Dentistry" ... How would I properly file to ensure it is best .. correctly filed?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Brandon, Esq. replied 11 months ago.

Small claims is very different than cases of limited or unlimited jurisdiction. The procedures put in place are far less formal and you do not have to be burdened by the rules of evidence and procedure. Thus, all you have to do is clearly outline who you are suing, why you are suing them, and the grounds as to why you think you are entitled to that amount of money. As for who you are suing you will want to sue the Dentist, the organization (haight family dentistry) and Does 1-10 inclusive. (this gives you the ability to bring in 10 more defendants if you find out someone else is responsible in some way) As for exactly what you would say, you would want to include the defendants complete name and address. This is the only really important part because a court cannot grant a judgment against a defendant who is improperly named. If you do not know this information then go to the secretary of states website and type in the business. It will show who owns it, and their address. As for correctly filing, you would ask the clerk for a small claim statement form. On the statement form you would include 1) your complete name and address, 2) the Defendant's complete name and address. (include each person or business you have claims against) 3) the amount you are claiming, 4) the basis of your claim, stated plainly and without technicalities. (State you signed a contract on such and such a date, state the terms of the contract i.e. that you were owed x amount of money for y hours worked, state that you worked y hours and that you were not paid for y hours) Include all dates, and facts sufficient to create a cause of action (i.e. they owe you)

Then you will swear under oath that this is true, and pay the clerk a filing fee and the service fee. Then in about 2 or 3 weeks you would call the clerk to see if the defendant has been served and find out the exact date of service. They will have an appearance date for you. Verify this date with the clerk. On that date you will show up and present your evidence against the defendant and hopefully prevail. (sounds like you will from what you have said)

 

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you.

Customer: replied 11 months ago.

what is the cost to have you send a letter to this party at his work?


 

Expert:  Brandon, Esq. replied 11 months ago.
Unfortunately, I am prohibited from any outside contact with any customers of the site as it is against the terms of service and would lead to my termination. However, if you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with. An attorney would likely charge around $300 to send such a letter though you may find one willing to do it for less.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1830
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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