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Never been to court before,have a few questions.

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5hartley

Member
What is the name of your state? Alabama

I have decided thay I need to sue a company in small claims court.I have never been to court before and I am trying to gain as much knowledge as possible.I want to hope for the best but be prepared for the worst.

I have a few questions.

A) If I were to lose,would I have to pay large court or attorney fees if the defendent hired an attorney?Or would I only have to pay the filing fees?

B) Can I subpeona a rep from the company that admitted over the phone that their equipment was not secure? (A dump truck from their company hailed my car with rocks and caused damage to my vehicle,she was the one who investigated the truck)

C) Can I use my 11 year old daughter as a witness since she was in the car with me and witnessed the rocks coming from the dump truck?

D) In Alabama there is a limit of $3,000 in small claims court.I have $2,000 in damages to my vehicle.Can I ask for an additional $1,000 for the dimished value?My car is a 2006 Chrysler 300.

Thanks in advance for any help.
 


seniorjudge

Senior Member
A) If I were to lose,would I have to pay large court or attorney fees if the defendent hired an attorney?Or would I only have to pay the filing fees?

A: Generally you do not pay the other party's attorneys fees (unless the court finds you filed a frivolous lawsuit).



B) Can I subpeona a rep from the company that admitted over the phone that their equipment was not secure? (A dump truck from their company hailed my car with rocks and caused damage to my vehicle,she was the one who investigated the truck)

A: Yes.



C) Can I use my 11 year old daughter as a witness since she was in the car with me and witnessed the rocks coming from the dump truck?

A: Yes, if the judge allows it; the judge will first qualify the witness (i.e., see if she has any sense about her).


D) In Alabama there is a limit of $3,000 in small claims court.I have $2,000 in damages to my vehicle.Can I ask for an additional $1,000 for the dimished value?My car is a 2006 Chrysler 300.

A: Generally, you cannot claim diminished value in small claims. However, go ahead and claim everything you want. The judge may not give it to you, but you sure won't get it if you don't ask for it.
 

5hartley

Member
Thank you seniorjudge for answering my questions.

I have one more:D

Should I or do I have to send the company an intent to sue letter before I file in court?

Thanks
 

seniorjudge

Senior Member
Q: Should I or do I have to send the company an intent to sue letter before I file in court?

A: I always think that is an excellent thing to do. That way, when the judge asks you, "Have y'all tried to settle this?", you can say, "Yes. And here is a copy of the letter I sent to the defendant both first class mail and by certified mail return receipt requested. And here, [if it is indeed the fact] is the receipt showing the defendant got it."
 

5hartley

Member
One more question.

Since this is a company..When I file or send the ITS letter do I address it to the company ,the owner,the rep who is handeling the situation,or all of the above?

Thanks again
 

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