Employment Law Questions? Ask an Employment Lawyer.
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)
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what is the cost to have you send a letter to this party at his work?
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