WHAT ARE SMALL CLAIMS COURTS?
Small Claims Courts are especially designed to handle
disputes between individuals, or an individual making a claim against a
business, where the amount of money involved is relatively "small" – at
least in terms of the cases courts usually decide.
Small Claims
Courts typically can hear disputes that involve amounts that range from
$1,000 to $5,000.
The precise limit depends on the local laws in
each jurisdiction. In some states, Small Claims Courts can also handle
minor disputes between individuals and a government agency.
IS IT COMPLICATED TO TAKE A CASE TO SMALL CLAIMS
COURT?
Although Small Claims Courts use what they consider
to be very simplified procedures, to someone unfamiliar with the
process, it still can be quite complicated.
WHAT KIND OF CASES DO SMALL
CLAIMS COURTS TYPICALLY HEAR?
Small Claims Courts frequently hear disputes such as
these:
- the laundry loses a customer's shirts but refuses to pay for them,
or is willing to pay an amount that the customer thinks is inadequate;
- the landlord improperly refuses to return a tenant's security
deposit;
- the driver who hit a parked car won't pay to repair the fender;
- the new luggage you bought breaks, and the store says "tough
luck";
- the doctor charged $1,800, the health insurer says $650 is
"reasonable and customary" and won't pay one cent more, and the doctor
is "dunning" you;
- the kid next door hits a baseball through your window, her parents
say its her responsibility, and at her $1.00 a week, it would take 10
years to collect.
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DOES IT MAKE SENSE TO GO TO
SMALL CLAIMS COURT?
Whether you should go to Small Claims Court will depend on the unique
facts and circumstances of your situation.
- Have you tried to settle the matter on an informal basis?
- Have you made a formal written demand on the other side – such as
one you wrote yourself?
- Are you and the other side far apart, or is the difference
trivial?
- Is there a person you both can rely on to "mediate" and
"arbitrate" the matter for you?
- Will the matter be worth your time and effort and the mental
anguish involved?
- Have you consulted a lawyer? While no lawyer can afford to work
for nothing, and many will not want to get involved in a "small case"
some lawyers might, for very little money, be able to help you. For
example, very often a discussion with the lawyer may help you really
understand all of your rights. If you have a legitimate claim, then a
letter to the other side from the lawyer -- known as a "lawyer's
letter" -- may help show you are serious, and get the other side to
act. Often it can produce results that you may never get in
court, and save you a great deal of time and anguish.
- Even if you win, how likely is it you will be able to collect
anything from the other side?
- What impact will going to Small Claims Court have on your future
relationships with the other side, and others in the community?
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HOW DO I START A SMALL CLAIMS ACTION?
Go to the appropriate Small Claims Court (some even
have evening hours). You can't just go to any Small Claims Court, as
state laws may require you to use only the one where you reside, or
where the person you want to sue resides, or where the accident
occurred, or where you bought the defective merchandise.
Many of
the Court Clerks are very helpful, and will tell you if you are in the
"right" Small Claims Court. Ask the Court Clerk for the appropriate
form. You'll have to fill out the form which may be known as a "Claim
Form" or "Complaint" or "Claim of Plaintiff". You may also have to pay
the Court a filing fee to start the action. (If you win your case you
MAY be able to recover the amount the Court finds you are owed PLUS the
filing fee and certain other court costs.)
IS THERE A TRIAL?
Yes. It won't be like a trial you see on television,
however. Most Small Claims Court have very simplified procedures for the
trial. There will not be any jury. While you may sometimes have the
right to have the matter heard by a judge, most Small Claims Courts have
processes that at least "encourage" you have the trial held by a lawyer
who serves as a volunteer arbitrator.
HOW LONG DOES IT TAKE TO LEARN IF I WON AFTER
THE TRIAL?
In a few cases the judge or arbitrator will decide right there. Most
do not. They don't want to get into an argument with the losing party --
or a winning party who feels she should have won more.
Generally the results are sent by mail to the parties, even if the
decision is clear to the judge or arbitrator right away. This may take a
few days or much longer.
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IF I WIN, WHAT HAPPENS?
You have to collect your award. While a losing
defendant may voluntarily pay it, there often are rather complicated
processes that a winning party must go through to collect a judgment to
get the court's award or "judgment" turned into cash in hand. If the
loser does not have any property that is subject to collection, you may
win a judgment but never collect anything! In fact many Small Claims
Court judgments are never satisfied.
IF I LOSE, WHAT HAPPENS?
You may have to pay the other side's "chargeable" costs
and expenses. This means certain money they may have had to pay, but not
their lawyer's fees. In theory at least you sometimes may be then sued
for "malicious prosecution" or "abuse of process"
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for more information
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