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关于小额诉讼CNN的想法延伸..(感谢mengnong,满笼桂鱼 和几个好朋友.)

(2008-04-22 15:16:17) 下一个
关于小额诉讼CNN的想法延伸..(感谢mengnong,满笼桂鱼 和几个好朋友.)

1> 方法:

ZT---Best way to 抗议CNN恶意诽谤华人 来源: mengnong

Every Chinese in America goes to the local small claim court and to file a small claim ($500) against CNN and Cateffrey. It will cost you $50 or so to do it, you will probably not going to win (since you have no way to prove that you have the $500 financial damage). But it will cost CNN $1000 or more to defend each case, they can not counter sue you either, because you did not cause damage to them. If we have 5000 to do so, they will act right away. You can do it anywhere in USA, the more remote the better.

2> (我的个人理解, 最多我花, $100, 去折腾她一下..?那挺值得的

If the Clerk finds in favor of the Defendant, then the case will be over and you will receive no payments. You will be required to pay the Court costs for the Defendant. )

3> 资料细节

  If you are enable to resolve your complaint through wish to use the Small Claims Court.Known popularly as the people's court,this informal and inexpensive forum is designed to help yourself disputes of $2,000 or less without the aid of an attorney.

  The atmosphere of Small Claims Court is informal, and the rules of the Court are simple. You can sue or be sued in this Court without being represented by a lawyer, because the more formal procedures characteristic of other courts are not required. Instead, you are allowed to present your own evidence and speak in layperson's terms.

  By choosing a Small Claims Court, you waive all right to a jury trial. Furthermore, it is only in very specific instance that you have the right to appeal to a higher court if the Clerks does not find in your favor. Defendants, however, always have the right to appeal.

  If the other party has a lawyer, you are not necessarily at a disadvantage because you are representing yourself. The participation by lawyers representing parties may be limited in a manner consistent with the simple and informal adjudication of the controversy. It is the Clerk's duty to ensure all parties a fair hearing.

  To file suit, obtain the appropriate form, called the Statement of Claim and Notice, from the Small Claims Court in your district. Fill out the form completely and accurately.

  The Clerk will provide a copy of your completed Statement of Claim and Notice form, which will show you the date and time of trial. You will also receive a Docket Number, or reference number for your suit. Use this number to identify your case when you contact the Clerk.

  A week before the hearing, call the Clerk to ensure that the Defendant has received the Statement of Claim and Notice. The Clerk will inform you if the case was postponed, or if the Defendant has filed an answer. Obtain a copy and use the Defendant's answer to prepare your case more effectively.

  To refresh your memory, prepare a chronological summary of events and relevant facts to facilitate your presentation. Pull together all the evidence that will help you prove your case, such as contracts, letters, canceled checks, receipts, leases, estimates and actual damaged goods or photographs. Bring certified copies of the applicable Attorney General's regulations if you are citing a specific violation.

  If you are suing under the Consumer Protection Act, Chapter 93A, notify the Clerk of that fact and that you are entitled to double or treble damages under that statute. Bring a copy of your 30-day demand letter.

  You may also wish to schedule witnesses who can verify your claims or confirm your statements. If a witness refuses to participate, the Clerk can help subpoena him or her. A subpoena is a court notice ordering a witness to appears in court on a trial date.

  Arrive at the Court House at least an hour before your case is heard. When your case is called, you, the Defendant, and any witnesses must be sworn in. Then, the Clerk will hear each side of the case allowing each side to develop the story with evidence and witness participation. The Plaintiff or person suing, presents the case first. The presentation should be brief, well-organized and emotionally controlled. Then, the Defendant, or person being sued presents his or her version of the case. Always speak directly to the Clerk.

  Don't argue with the Defendant in Court, or interrupt his or her presentation.

  If the Defendant defaults, or does not show up, and you appear for trial, you automatically win. However, you must show the Court proof of your claim. (If the Defendant appears for the trial and the Plaintiff fails to appear, the case will be dismissed. If neither Plaintiff nor Defendant appears for trial, the claim must also be dismissed. )

  After hearing the arguments of both parties, the Clerk may make an immediate decision, or may require more time for deliberation, which would leave the case Under Advisement and you would be notified by mail of the final decision. If the Clerk finds in favor of the Defendant, then the case will be over and you will receive no payments. You will be required to pay the Court costs for the Defendant. If the decision is for the Plaintiff, the Court will issue a Notice of Judgment and Order that orders the Defendant to pay you the damages and rt entry fee. The Clerk may award you less than your ginal claim.

  Generally, the Defendant has the right to appeal the ision within 10 days. The Defendant must pay an appeal fee and post $100 in cash or certified check or bond unless the Court waives this requirement.

  If the Defendant fails to pay you, then you must inform the Clerk who will issue a Notice to Show Cause you. You then must arrange to have the notice delivered to the Defendant by a county Deputy Sheriff or municipal Constable. The Notice to Show Cause will "indicate the date and time of hearing. At the hearing, the Court will take appropriate action to recover payment.

  Alternatively, you may ask the Clerk for an Execution form? This form allows the county Deputy Sheriff or municipal Constable to seize and sell the Defendant's property to recover the amount owed. Within one year of the Court's decision, a party can apply for relief from the judgment or order. This means that the Court may decide to reverse the decision because of an error or other reasons that the Court finds sufficient. Ask the Clerk if you have any questions about this or other Small Claims Court procedures.

 4> 资料细节 译文

  如果你不能通过自助或当地消费者保护组织调解来解决你的投诉,那么你可能希望诉诸于小额钱债法庭。它被人们称为老百姓的法庭,这个非正式并且廉价的法庭是被设计来帮助你在没有律师的参与下解决标的为2 000美元或以下争议的场所。


















5> 专业法律人士的观点...(空白, 有能帮忙的兄弟请帮忙)

6> 专业程序, 甚至范本手续...(空白, 有能帮忙的兄弟请帮忙)
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