Small claims court is a special division of the justice court that is designed to help people resolve their disputes quickly and inexpensively. Small claims cases are typically limited to claims of $10,000 or less, and the parties generally represent themselves.
Small claims court is a good option for resolving a variety of disputes, including:
- Breach of contract
- Property damage
- Personal injury
- Landlord-tenant disputes
- Consumer disputes
To file a small claims case, you will need to file a complaint with the court clerk’s office. The complaint must state your name, the defendant’s name, the amount of money you are claiming, and the facts of your case. You will also need to pay a filing fee.
Once you have filed your complaint, the court will serve it on the defendant. The defendant then has a certain amount of time to file an answer to the complaint. If the defendant does not file an answer, you may win the case by default.
If the defendant does file an answer, the court will schedule a hearing. At the hearing, you and the defendant will have the opportunity to present your evidence and argue your case. The judge will then decide who is liable and enter a judgment accordingly.
If you win your case, the court will issue a judgment ordering the defendant to pay you money. You can then collect the judgment by garnishing the defendant’s wages or bank account, or by seizing the defendant’s property.
Why choose small claims court?
There are several reasons why people choose to file their cases in small claims court:
- Cost: Small claims court is relatively inexpensive. Filing fees are typically low, and you are not required to hire an attorney.
- Convenience: Small claims courts are located throughout the country, and hearings are typically scheduled quickly.
- Informal procedures: Small claims courts have less formal procedures than other courts. This means that you do not need to have a law degree to represent yourself.
Tips for winning your small claims case
Here are some tips for winning your small claims case:
- Be prepared: Gather all of your evidence and organize it in a way that is easy to present.
- Be clear and concise: When you present your case, be clear and concise. State the facts of your case and explain why you are entitled to damages.
- Be respectful: Be respectful to the judge and the opposing party.
Small claims court is a good option for people who need to resolve a dispute quickly and inexpensively. If you are considering filing a small claims case, be sure to contact your local court clerk’s office for more information.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.
Frequently asked questions about Small Claims:
- What types of cases can be filed in small claims court?
- What is the dollar limit for small claims cases?
- Who can file a small claims case?
- How do I file a small claims case?
- How much does it cost to file a small claims case?
- What do I need to do to prepare for my small claims hearing?
- What happens at a small claims hearing?
- What happens if I win my small claims case?
- What happens if I lose my small claims case?
- Can I appeal a small claims decision?
- Do I need a lawyer to file a small claims case?
- What should I do if I am being sued in small claims court?
- What is the difference between mediation and small claims court?
- What are some common mistakes to avoid in small claims court?
- What are some tips for winning your small claims case?
- What are the different types of damages that I can recover in small claims court?
- What are the different types of evidence that I can present in small claims court?
- What are the different ways to collect a judgment from a small claims case?
- What are the different ways to defend a small claims lawsuit?