This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Most Form I-130 petitions for immediate relatives are approved within a 10 to 14 month time frame, but they can take longer in some cases. If you are in the United States and also filed an application to adjust status, USCIS will begin reviewing Form I-485 at this point.
Send a formal demand letter. The letter must state the exact amount you are seeking and why you believe you are entitled to it. In the letter state that you intend to file an action in Small Claims Court if the matter is not resolved within 10 business days (see fillable template under “Small Claims Forms”).
A losing party pays attorney fees only if the winner is specifically given the right to recover legal fees in a contract between the parties or through a state or federal law. Learn about preparing a defense in Disputing a Small Claims Court Case: Fight Back.
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
You will not have a trial immediately. A few things will occur before the trial. The IRS attorney will file an “Answer” with the Court and serve a copy on you by mail if you are not yet registered for electronic filing. In the Answer, the IRS will generally admit or deny the statements made in your petition.
Advantages of U.S. Tax Court Taxpayers who sue the IRS in U.S. Tax Court can expect a very high probability of at least partial success. Approximately 80% of tax court cases reach a settlement before even going to trial.