Auto Accident Lawyer in Las Cruces, NM, Law Offices of Samuel I, auto accident lawyer.#Auto #accident #lawyer


Auto Accident Lawyer in Las Cruces, NM

The Law Offices of Samuel I. Kane handle any vehicle accident that involves personal injury, which means we don t handle auto accidents that have just property damage. There has to be person who is injured and involved in the vehicle accident. However, when we handle a vehicle accident that involves a personal injury, we will also handle the vehicle and/or property damage component, with no additional fee.

First Steps After An Accident

Getting immediate medical treatment is vital for anyone involved in an accident. If you have not been admitted to a hospital after an accident, you should still seek treatment from a family doctor or obtain confirmation that you are in good health.

Statistics show that individuals involved in an auto accident are less likely to report dull pain and attribute the pain to unrelated events such as lack of sleep. Some realize the connection of their pain and the accident when it may be too late to make a claim.

Report any amount of pain that you may experience in efforts to avoid residual effects of the accident. To avoid further physical harm and maximize your claim, it’s important to consult with your primary care physician and obtain a full evaluation.

If you intend to claim compensation for your injuries, consulting with a personal injury attorney at the earliest opportunity after medical treatment is important.

Claiming Compensation for an Auto Accident

Compensation allows you to recover from your injuries and to restore you to the same position, emotionally, physically, and financially that you were in prior to the accident. Your personal injury attorney can assess your situation and determine the amount of compensation that you legally deserve under the circumstances.

The value of your claim can cover medical bills, lost wages or earnings, and your pain and suffering. There s a lot of factors that go in to properly evaluating what a personal injury claim is worth.

One of our firm’s goals is to make sure that you are whole again. We want to make sure that an injured person is adequately compensated and put into the same position they were in prior to having been involved and injured as a result of an auto accident.

Importance of Consulting an Auto Accident Attorney

Insurance companies automatically try to minimize claims and will offer the least amount for your injuries. Some insurers may try to impress upon claimants that filing a claim against their own insurance may lead to higher premiums.

In New Mexico and in other states, it is illegal for an insurance company to raise an individual’s premium because they have filed a claim.

Our Firm can provide legal advice and help you obtain the maximum value that you legally deserve under the situation. Be cautious when dealing with the insurance company alone because they might try to persuade you to settle for just your medical expenses or out-of-pocket expenses, and not compensate you for the attendant pain and suffering and/or loss of wages.

No Insurance or Insufficient Insurance

Sometimes the party responsible for your accident may not carry insurance or have a minimal policy that is not adequate to cover all of your injuries. We can explore all insurance possibilities including your own auto policies and other policies that you might have at the time of the accident.

Depending on the extent of your own insurance coverage, you may be able to recover compensation from your own insurance. Our firm digs deep to find any available resource in order to make you whole again.

Our Auto Accident Experience

The Law Offices of Samuel I. Kane has many years of experience in auto accidents, assessing the degree of damages suffered by clients and helping them obtain the maximum value of compensation that they legally deserve.

Our Firm consists of an award winning attorney, private investigators, and a retired insurance claim adjuster with 30 years of experience. We work very hard to ensure that you recover from your personal injury while handling any vehicle damage arising from the same accident. We handle personal injury cases on contingency fee basis, which means that we get paid only when you recover compensation for your personal injury, but not on property damage.


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Auto accident lawyer

Auto accident lawyer

If you have been injured or a loved one has been killed in an auto accident, you need a dedicated attorney on your side. The experienced auto accident lawyers at The Cochran Firm have a proven record of helping victims of injury get maximum compensation. We are here to take your case, fight for your rights, and help you get the justice you are due. If you are in need of an auto accident attorney, please contact The Cochran Firm online or by calling (800) 843-3476 today to be put in touch with a lawyer in your area.

Auto Accident Cases We Handle

Our auto accident attorneys handle all types of accidents involving motor vehicles. This includes:

How we can Help

We also accept cases involving boating injuries and airplane accidents. No matter what type of vehicle you were in when your accident occurred, the auto accident lawyers at The Cochran Firm can help you get the compensation you need to make the best recovery possible. Our lawyers work with a network of experts to thoroughly investigate auto accidents and identify all contributing factors. We use this information to build solid, evidence-based cases that greatly improve the likelihood of a successful outcome. It is important to remember that without an auto accident attorney on your side, you are at the mercy of insurance companies who are often more concerned with profits than helping victims of injury. With our legal team on your side, you will be protected against the predatory tactics of these companies and are much more likely to receive the full compensation you deserve.

To schedule a free consultation with one of our auto accident attorneys, please contact us today. We maintain offices throughout the United States, better enabling us to fight tirelessly for the rights of injury victims in all areas of the country.

Recent Verdicts

The attorneys with The Cochran Firm have extensive experience in trying personal injury cases in states across the country. The results obtained in numerous cases have made a significant impact on clients’ lives, communities and industry practices. We have highlighted some of the remarkable case results on the Results Verdicts pages of our website. The facts and circumstances of your case may be different and must be evaluated on its own merit. The case results on these pages represent the full award of the case before expenses and fees were deducted.


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Auto Accident Lawyers

A car accident can be a traumatic event – particularly when someone else is to blame. You have the shock of the accident itself, but may also be left with serious injuries and a damaged or destroyed vehicle. An auto accident lawyer can help you deal with the accident’s aftermath and get the compensation you deserve.

A car accident lawyer is a type of personal injury lawyer. Car accident lawyers represent accident victims, specifically victims of accidents where another driver is at fault. Your auto accident lawyer can:

  • Look at the evidence surrounding your auto accident, including the vehicles themselves, review police reports and talk to eyewitness
  • Assess the total cost of your accident, including medical treatment, lost wages, the cost to repair or replace your car, as well as pain and suffering
  • Talk to the other driver, the driver’s lawyer or the driver’s insurance company in an effort to negotiate a settlement
  • File a lawsuit against the other driver if a settlement can’t be reached
  • Represent you in court

What Are the Benefits of Hiring a Car Accident Lawyer

There are several reasons to hire an auto accident lawyer, rather than trying to represent yourself.

Your automobile accident lawyer will have experience handling cases similar to yours. He or she will know the personal injury laws in your state, understand how to value your claim and will be comfortable negotiating a settlement or representing you in court.

Vehicle accident lawyers may also be familiar with others involved in your case – the defendant’s insurance company and its lawyers, the judge, police and expert witnesses.

Perhaps the biggest benefit: When you’re represented by a car accident lawyer, the other side can take you and your claim more seriously.

How Much Do Car Accident Lawyers Cost?

Automobile accident lawyers typically charge clients a contingency fee. This means you pay your accident attorney nothing up front, but if your claim is successful, you share a percentage of that award with your auto accident lawyer.


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Atlanta Car Accidents: Lawyers Lawsuits

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At Morgan Morgan, our Atlanta attorneys understand that car accident victims may have questions about their legal rights following a crash. We are committed to helping injured drivers, passengers, and pedestrians understand these rights and how they may be able to obtain compensation to cover damages such as medical bills and lost wages. Depending on the details of your crash, you may be able to seek compensation through insurance claims or a lawsuit against a negligent driver.

If you or a loved one has been injured in a car accident, find out how our Atlanta car accident attorneys may be able to help. We are offering a free case review. so do not hesitate to contact us today.

Georgia Car Accident Lawsuit Process

An Initial Investigation

The at-fault party’s insurance company will immediately launch an investigation into the accident in an attempt to reduce the amount they may have to pay out. While this investigation proceeds, it is important for your Atlanta attorney to complete a thorough investigation of his or her own. The strength of your case will ultimately rest on your attorney’s ability to collect and present evidence that illustrates that the other party was negligent and therefore responsible for your damages. In his or her investigation, your attorney may determine whether the defendant:

  • Failed to pay attention to their surroundings
  • Drove while distracted
  • Drove under the influence
  • Violated traffic laws
  • Drove without a license

Your attorney’s investigation to determine fault may include:

  • Reviewing Atlanta police reports and photographs
  • Interviewing witness statements
  • Reviewing video footage of the accident, if available
  • Researching the history of both parties’ driving records
  • Analyzing your medical reports with experts to determine the most likely scenario of how you sustained your injury and
  • Recreating the scene of the accident

Evaluating Your Damages

To determine the amount of compensation you will request, and for which expenses, your attorney will work with experts to pinpoint your injuries and project your accident-related expenses. Damages to which you may be entitled include, but are not limited to:

  • Current and future medical expenses
  • Lost wages
  • Loss of future earning capacity
  • Property damage
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of intimacy and support

Creating a Claim

Your attorney will review the information obtained during his or her investigation to create a claim, which will serve as the basis for your lawsuit. It will state your injury and damages, the alleged negligent behavior of the other driver, and request compensation for your damages. Your attorney will use your claim as leverage for a reasonable settlement or jury verdict.

Your attorney will reach out to the other party or parties and attempt to reach a settlement agreement before a lawsuit is filed. If negotiations are unsuccessful, your attorney will submit your claim to the court, thereby starting the official lawsuit process. Typically, both parties will attempt to negotiate for a settlement while preparing their cases for trial to keep the case from proceeding to court. If negotiations are still unsuccessful, your lawsuit will proceed to court where your attorney will present your case. The judge or jury will then determine the amount of compensation to which you are entitled, if any.

Handling Discussions With Insurance Companies

Georgia is a “fault” car insurance state, which means that automobile accident victims are allowed to seek compensation directly from the at-fault party, the at-fault party’s insurance company or their own insurance company. Typically, claimants will first seek compensation from the at-fault party’s insurance company. If you are involved in a crash, it is important to remember that these insurance companies are for-profit businesses and may attempt to confuse you or compel you into to agreeing to a settlement that is insufficient to cover your losses.

After a car accident, it is also imperative that you do not discuss the accident or disclose any details with any party—except for your attorney and treating physician. Any statements or comments you make can potentially harm your pursuit of compensation during negotiations or at trial. Your attorney can handle any insurance discussions or negotiations on your behalf.

Proving Distracted Driving in Atlanta

Negligence refers to an individual or entity’s failure to meet the standard level of acceptable behavior which includes paying proper attention while operating a vehicle to ensure the safety of others. In recent years, with the increase in use of technology, the number of distracted drivers is on the rise. Distracted driving may refer to eating or drinking while driving, using the car’s electronic system, attempting to program a GPS device, talking on the phone, texting while driving, and checking other electronic media. If you are injured in a car accident and believe it was caused by a distracted driver, your attorney can launch an investigation into the crash to identify any indications of negligence.

Your attorney may be able to prove distracted driving by:

  • Reviewing traffic camera and video footage
  • Requesting official cell phone records
  • Examining the time of phone usage
  • Analyzing tickets the driver may have been issued prior to the crash
  • Determining where (and if possible, when) a GPS was used
  • Retracing the driver’s steps to determine whether food or a beverage was purchased

Auto Accident Cases Our Atlanta Attorneys Handle

The attorneys in Morgan Morgan’s Atlanta office handle a broad range of car accident cases. We handle cases involving brain and spinal cord injuries, whiplash, broken bones, concussions, internal damage, back injuries, paralysis, and lost limbs.

If you or a loved one has sustained an injury in a car accident, you may have the right to recover compensation for your losses. Please complete our free case review form today to learn how our Atlanta car accident attorneys may be able to help.


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Ten Questions to Ask Your Potential Lawyer

Lawyers will often provide a free or very low-cost consultation to discuss the details of your situation and give you an opportunity to ask some basic questions about the attorney. This meeting should not only help you decide whether to go forward with a lawyer in general, but also whether you should proceed with this lawyer. If you later decide to hire the lawyer, you will go into a more detailed discussion of your case and ask more specific questions along the way.

Generally speaking, you’ll want to have a list of questions in mind to ask during the meeting. Also, you should feel comfortable enough asking questions that relate to the lawyer’s expertise, experience, fees, special knowledge, and management of the case.

Below are ten questions to ask your potential lawyer.

1. How long have you practiced law?

At a minimum, you’ll want to know about the lawyer’s expertise and whether the lawyer is a veteran or beginner attorney, for instance. Your legal issue may very well be handled by someone who is fresh out of law school, (or not). It all depends.

2. What type of cases do you generally handle? What percentage of your practice is devoted to (the practice area in question)?

You’ll also want to know about a lawyer’s expertise and how much of the attorney’s practice is devoted to topic area your legal issue falls within. For example, if you need help with an adoption case, you may wish to seek a family law lawyer who has worked on, well, adoption cases. Click here for a full list of practice area definitions.

3. Who is your typical client?

This is an important, but often-overlooked question. For example, if you are an individual with a particular legal problem, but the attorney your meeting with represents only corporations, this may not be the best lawyer for you. Likewise, you may wish to know the financial background of some of the lawyer’s clients. This is because there may be different issues a lawyer is used to factoring when working with high net-worth individuals vs. college students.

4. How many cases have you represented that were similar to mine?

Now is not the time to act shy. Feel free to ask about the attorney’s track record, such as the number of cases won or settled, for example.

5. Other than a law degree, What kind of special training or knowledge do you have that might apply in my situation?

Some cases, like DUI and patent cases, require specialized training and knowledge for effective representation. Be sure to inquire whether your case fits into that category.

6. What are your attorney fees and costs, and how are they billed? Will a portion or all of my case be handled by paralegals or legal assistants?If so, ask about reduced costs.

This step is obviously an important one. You’ll want to know whether you can afford the lawyer’s services and how you will be required to pay. This is also the time to ask about payment options and how often, and under what circumstances, you will be billed.

7. What is your approach or philosophy to winning or representing a case?

This can be important in two ways. First, if you are seeking an amicable divorce, for example, but the attorney is known to “go for the kill” in divorce cases, the attorney may not be the right one for you. Similarly, if you’re looking for an aggressive attorney to handle an upcoming corporate merger, for example, you’ll want someone who isn’t afraid to push the envelope, so to speak.

8. Are there others ways for solving my legal problem?

Go ahead. Ask the professional whether there are any alternatives for solving your legal problem, such as through arbitration or some other out-of-court arrangement. A good attorney will generally inform you if your case can be handled through other less expensive and time consuming means.

9. How will you let me know what’s happening with my case?

Communication is key when working with a lawyer. Ask the lawyer how often and under what circumstances you will hear from him or her. You’ll want to know how your case is coming along and about other important dates.

10. What is the likely outcome in my case?

Generally speaking, it is fair game to ask the attorney whether you have a good chance of winning your case. You are not looking for the “right” answer, just an honest one. For instance, if you’re facing an uphill battle in, let’s say, a nasty divorce situation, you’ll want to know up front from the attorney so you can prepare yourself for what lies ahead.

While the answers to questions you ask your lawyer will vary widely, it is important to keep in mind that nothing should be taken as a guarantee. Instead, these questions should give you general knowledge of a specific lawyer’s experience and skill-level, and whether the lawyer is a good fit for you.


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Bankruptcy

Bankruptcy helps people who can no longer pay their debts get a fresh start by liquidating assets to pay their debts or by creating a repayment plan. Bankruptcy laws also protect financially troubled businesses. This section explains the bankruptcy process and laws.

About Bankruptcy

Filing bankruptcy can help a person by discarding debt or making a plan to repay debts. A bankruptcy case normally begins when the debtor files a petition with the bankruptcy court. A petition may be filed by an individual, by spouses together, or by a corporation or other entity.

All bankruptcy cases are handled in federal courts under rules outlined in the U.S. Bankruptcy Code.

There are different types of bankruptcies, which are usually referred to by their chapter in the U.S. Bankruptcy Code.

  • Individuals may file Chapter 7 or Chapter 13 bankruptcy, depending on the specifics of their situation.
  • Municipalities—cities, towns, villages, taxing districts, municipal utilities, and school districts may file under Chapter 9 to reorganize.
  • Businesses may file bankruptcy under Chapter 7 to liquidate or Chapter 11 to reorganize.
  • Chapter 12 provides debt relief to family farmers and fishermen.
  • Bankruptcy filings that involve parties from more than one country are filed under Chapter 15.

Bankruptcy Basics provides detailed information about filing.

Seeking the advice of a qualified lawyer is strongly recommended because bankruptcy has long-term financial and legal consequences. Individuals can file bankruptcy without a lawyer, which is called filing pro se. Learn more.

Use the forms that are numbered in the 100 series to file bankruptcy for individuals or married couples. Use the forms that are numbered in the 200 series if you are preparing a bankruptcy on behalf of a nonindividual, such as a corporation, partnership, or limited liability company (LLC). Sole proprietors must use the forms that are numbered in the 100 series.

Finding a Lawyer, Including Free Legal Services

If you need help finding a bankruptcy lawyer, the resources below may help. If you are unable to afford an attorney, you may qualify for free legal services.


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Affordable Divorce, DUI, Criminal, Personal Injury Lawyer

Affordable Legal Fees is a Tampa Law Firm offering what most people refer to as affordable, cheap or low cost attorney and legal help in Tampa, Saint Petersburg, Orlando, Miami, Clearwater and many other cities within Florida. If you need legal help and are looking for an experienced affordable attorney with low cost legal fees you have come to the right website.

Our affordable lawyers can provide help for a variety of different legal issues ranging from Divorce, DUI, Personal Injury and Criminal Defense.

Our affordable law firm is headed by a senior attorney Attorney Richard McCluskey who began his legal career at the Hillsborough County Public Defender’s Office where he handled thousands of cases from simple misdemeanors to severe felonies that are considered punishable by life.

Affordable Tampa, Saint Petersburg, Orlando, Miami and Clearwater lawyers

Affordable Tampa, Saint Petersburg, Orlando, Miami and Clearwater lawyers normally charge higher legal fees in their law firms and private practices. Our caring attorneys enjoy giving back to the community by offering experienced legal representation to the public for less and reducing their legal fees up to 50% in some cases.

Reduced Legal Fees to help the public

We provide professional and affordable legal services while reducing our attorney fees for divorce (simple divorce, uncontested divorce, contested divorce), family law (alimony, support modification, violence injunctions, child time sharing), DUI, criminal defense (misdemeanor and felony), personal injury including auto and motorcycle accidents in Florida.

Our lawyer fees start from and exclude costs.

The best lawyer fees that we can offer in Tampa, Saint Petersburg, Orlando and Clearwater are posted on our website. Legal fees exclude costs (one example of cost is filing fees when applicable).

Free and fast consultations work best when you fill out our easy contact form!

Affordable Legal Fees does not collect information for any purpose other than to provide the attorney with your contact information. By entering your information in our contact form, you are giving our professional attorneys permission to contact you. Injury related persons may be informed of pre-settlement loan programs available.

Affordable Legal Fees provides affordable legal help in the following areas of law.

Auto Accidents occur every day in Florida, Affordable Legal Fees can help if you or loved one have been injured or killed in a car accident. Our affordable Tampa car accident attorneys can help make sure you receive the compensation you deserve, whether you are at fault or if the accident was the fault of another person.

Difficult times and expensive legal fees prevent families from protecting their personal legal rights. Affordable Legal Fees can handle any family law legal matter. Let our experience and knowledge work for you. Our attorneys provide affordable family law, if you need a Family Law Attorney contact us today for a free consultation.

Going through a Divorce can be one of the most stressful times a person can face in their life. Affordable legal fees can provide the legal help you need to get you through this trying time. Our Tampa and Orlando attorneys understand the law and legal system. We will make sure you get the best legal representation at the most affordable price.

Facing a criminal offense in Tampa Florida can be serious, we understand that even minor infractions can have harsh consequences and heavy fines to pay. We specialize in DUI, traffic violations, theft and serious crimes such as murder. In the likely event you need a defense lawyer our Tampa criminal defense attorneys can build a strong defense on your behalf. Time is essential, this give our defense team more time to prepare your case. Don’t leave your fate in the hands of an inexperienced attorney or public defender. We offer affordable criminal defense in Tampa and Orlando Florida, don’t hesitate contact us today.

Unfortunately Motorcycle Accidents and fatalities happen all too often in Tampa Florida. Many times accidents are caused by careless drivers not paying attention or simply caused by people disregarding traffic laws. Motorcycle accidents usually result in death or serious debilitating injuries. Affordable legal fees has the knowledge and experience to represent your personal injury case. Our affordable personal injury attorneys in Tampa are here to help you get you the most out of your settlement and the compensation you deserve.

If you need low cost, cheap or affordable legal help in Tampa Florida you want Affordable Legal Fees Law Firm.

Free Consultations available for Tampa, Saint Petersburg, Orlando, Miami, Clearwater and Brandon.

Our main offices locations are located in Tampa and Brandon Florida.


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For over 30 years, founding attorney, Christy Brad Escobar, has been practicing law with the aim of improving people’s lives. We think that tradition is important.

For over 30 years, founding attorney, Christy Brad Escobar, has been practicing law with the aim of improving people’s lives. We think that tradition is important.

For over 30 years, founding attorney, Christy Brad Escobar, has been practicing law with the aim of improving people’s lives. We think that tradition is important.

Over 30 Years Of Legal Experience

At Escobar Associates Law Firm, Ltd. we have more than 30 years of experience guiding people through legal issues, including divorce, adoption and other family law matters, as well as estate planning and probate. Our goal is to provide personalized legal counsel for each of our client’s unique needs.

Our background in counseling with family members gives us the ability to carefully listen to our client’s desires and translate them into legal strategies in a variety of legal areas. Our founding lawyer, Christy Brad Escobar, is known for his extensive legal knowledge in the core areas of family law. He knows how important it is to protect your rights as you face family law proceedings regarding divorce, child support and custody, guardianship and other significant decisions affecting your family. Escobar Associates Law Firm, Ltd. is also recognized as an established law firm facilitating adoption in Nevada.

Nevada Will And Trust Attorney — Protecting Your Assets And Your Loved Ones Through Estate Planning

Our attorney has assisted countless clients in creating estate plans that address each client’s unique needs and wishes. If you want to protect your assets, reach out to our firm to discuss the creation of a will, trust, power of attorney or other estate planning document. We are also here to help clients settle the estates of their loved ones through the probate process .

Contact Us To Learn More About Our Broad Range Of Legal Services

To learn more about the services we provide and how we can help in your legal situation, call Escobar Associates at 888-339-6061 or contact us online. Our office is located in Las Vegas, Nevada, and is easily accessible from Centennial Hills, Summerlin and The Lakes.

Get the answers you need

Request more information or schedule an appointment.


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Divorce

Phoenix Divorce Lawyer

There are two ways to finalize a divorce by reaching an agreement with your spouse or by allowing a Judge to make the final decision. At the R. J. Peters Associates law firm in Phoenix, Arizona, we certainly prefer to avoid the time, costs and uncertainty of letting a Judge decide everything. We are always prepared, however, to fight for you, whether it’s in a courtroom or in settlement negotiations. Our divorce attorneys can help. Call today for a free consultation.

Arizona Divorce Attorneys We Take Sides

Call Now for a Free Consultation 602-256-7575 Contact Us

Divorce (dissolution) is the legal process that resolves the very important issues involved when a marriage ends. Every divorce is different, but all divorces will generally include some or all of the following six issues:

What are the legal requirements for filing for divorce in Arizona? To file for a divorce in Arizona you or your spouse must have lived in Arizona or been stationed as a member of the armed forces here for at least 90 days before you file. If you are asking the Judge to decide matters about children, like custody and support, you must generally have lived here for 6 months with the children. Please contact us to discuss with our divorce attorneys how these rules might apply to your situation.

What happens when the divorce documents are filed? After the initial necessary documents are filed, a temporary restraining order will forbid either party from selling, concealing or wasting the marital assets. It also prevents either parent from removing any common children from the state of Arizona. Both parties are prohibited from bothering or harassing the other party. Failure to obey this restraining order is punishable by proceedings for contempt.

How long does it take for a divorce to be granted? The simplest divorces are generally final in 80-90 days while complex divorces can take up to two years. An experienced divorce lawyer can give you an estimate based on your specific case.

What is a no-fault divorce? Arizona is a no-fault divorce state. That means you do not need to prove that the other spouse did something that entitles you to a divorce. You simply need to assert that your marriage is irretrievably broken and that there are no reasonable prospects of reconciliation. (The rules for the new covenant marriages are different.)

What about counseling to save the marriage? Maricopa County offers free counseling to married couples. When one spouse asks for free counseling, the other spouse is prevented from filing until counseling is complete. If counseling is requested after a Petition has already been filed, the case will be put on hold for a period while counseling goes forward.

We take sides at the R. J. Peters Associates law firm. This is an important concept that we do not take lightly. Settlement of the difficult issues which arise in family law matters is always an important effort, but not always possible. Our divorce attorneys focus on fighting for our clients whether in settlement efforts or in litigation. Our only business is family law. From our office located near downtown Phoenix, we represent clients in Maricopa County and throughout Arizona.

Free half-hour consultation with a divorce lawyer. Major credit cards accepted.


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Starting a Case

Anyone 18 years of age or over can sue in Small Claims Court. If you are younger than 18, your parent or guardian may sue on your behalf. Only an individual can sue in Small Claims Court. Corporations, partnerships, associations, or assignees cannot sue in Small Claims Court. However, they can be sued in Small Claims Court. If you are a corporation, partnership, association or assignee, you can bring a Commercial Claim or Consumer Transaction. For more information, click on Commercial Claims and Consumer Transactions.

In general, the person suing is called the claimant. The person being sued is called the defendant. You may sue more than one person at the same time.

You must be the proper person to sue in Small Claims Court. For example, if you are involved in an accident while driving an automobile that is not registered in your name, you cannot sue for the damage caused to the automobile during the accident. Only the registered owner of the automobile can sue for the damages caused to the automobile.

To learn more about bringing a Small Claims Court case, continue reading below. You can also read the law on this procedure, by clicking on Civil Court Act section 1803 .

Where to Sue: Venue

A claimant must begin the lawsuit in the proper county. In general, a claimant can sue in the county where either party resides. If no party resides within the City, the action can be brought in the county where either party has employment or a business address. If the defendant does not have a residence, employment, or have a business address within the City of New York, you cannot bring the lawsuit in the Small Claims Court. To find the location in your county, click on Locations .

Starting the Case

To begin an action in Small Claims Court, a person, or someone acting on his or her behalf, must come to the Small Claims Court Clerk s office in the proper county and fill out a statement of claim. To find out where the clerk s office is located in your county, click on Locations. To find out when the Small Claims Court Clerk s office is open, click on Court Hours. You may also use an outside service to fill out your statement of claim and electronically file it with the Court. If you are interested in starting your case this way, click on electronic filing .

The person filling out the statement of claim must be able to explain the reason for the lawsuit, know the amount of the claim, and have the correct name and address, including zip code, of the person or business that is being sued. If you are not sure of the correct name of the business, you should go to the County Clerk s office in the county where the business is located and look up the certificate of doing business, photocopy the certificate and bring it to the court. The person filling out the statement of claim must be able to explain the reason for the lawsuit, know the amount of the claim, and have the correct name and address, including zip code, of the person or business that is being sued. If you are not sure of the correct name of the business, you should go to the County Clerk s office in the county where the business is located and look up the certificate of doing business, photocopy the certificate and bring it to the court. View and print the small claims claim form.

You can watch a short tutorial to explain how to fill in the form.

Small Claims Form Instructions:
Video (run time: 4:52 minutes/seconds, Windows Media format )
Written Transcript

You will have to pay the court fee to file your claim. If your claim is for an amount up to and including $1,000.00, there is a fee of $15.00. If your claim is for an amount over $1,000.00 and up to $5,000.00, there is a fee of $20.00. The fee must be paid by cash, certified check, money order or bank check made out to Clerk of the Civil Court. Personal checks will not be accepted.

The clerk will give you a date for the hearing. Small Claims Court hearings are usually held at 6:30 p.m. If you are a senior citizen, a disabled person, or a person who works during the evening, you may request that your small claims hearing be heard during the day. You or the person appearing on your behalf must show proof of age, or disability, or nighttime employment. The proof can be in the form of a letter from your job or from a doctor, a driver s license showing your birth date, or other similar documents.

If you live outside the City of New York and want to sue a party within the City of New York, you may file your claim by mail. Contact the Small Claims Court Clerk s office in the county where the defendant lives, works or has a place of business to obtain the necessary form.

The court system does not provide electronic filing at this time. However, several private vendors provide this service. The service provided by each of the vendors is different, and you must review their requirements. We advise that you review this entire website, as it offers a lot of information on how to proceed with your case.

The current vendors are:

Notifying the Defendant

After your claim is filed, the Small Claims Court clerk will serve a notice of your claim by sending it to the defendant. The notice of claim tells the defendant when to appear in Small Claims Court, and includes a brief statement of your claim and the amount of money you are requesting.

The notice of your claim will be sent to the defendant by certified mail and by ordinary first class mail. If the notice sent by ordinary first class mail is not returned by the post office within 21 days as undeliverable, the defendant is presumed to have received notice of your claim, even if the notice of claim sent by certified mail has not been delivered.

If the post office cannot deliver the notice of your claim (for example, the defendant may have moved without leaving a forwarding address), the court clerk will give you a new hearing date and will tell you how to arrange for personal delivery of the notice to the defendant. Anyone who is not a party to the small claim and who is 18 years of age or older can personally deliver the notice of claim to the defendant. The claimant or any other party to the action may not serve the notice of claim personally on the defendant.

If the notice of claim cannot be served on the defendant within 4 months after you filed your claim, your claim will be dismissed. If you learn new information about the defendant s location at a later date, you can file your claim again.

A small claims case will not proceed to trial until the defendant has been served with a notice of your claim.

The defendant may want to file a counterclaim. For information about this procedure, click on Counterclaims .

Preparing for Court

Before the date of the hearing, you should gather all the evidence that supports your claim or your defense. Evidence may include: photographs, a written agreement, an itemized bill or invoice marked paid, receipts, at least two itemized written estimates of the cost of services or repairs, a canceled check, a damaged item or article of clothing, or letters or other written documents. If there are records that are not in your possession, you may wish to subpoena them to be produced at the hearing date. For information about this procedure, click on Subpoenas .

You should also prepare any witnesses you plan to testify at the hearing in support of your claim or defense. The testimony of a person who has special or expert knowledge and experience concerning the subject of your claim may be necessary for you to prove your case. For example, if your claim involves the quality of medical care, you must find a doctor who is willing to give an opinion, in court, about the quality of the care you received. While you might find an expert witness who will testify at no cost to you, it is more likely that you will have to pay for an expert witness testimony.

If a witness, other than an expert witness, will not testify voluntarily, you can serve the witness with a subpoena requiring them to appear in court and testify. For information on how to do this, click on Subpoenas.