In general, anyone can file a small claims case in the US, regardless of their age, income, or citizenship status.
However, there are a few exceptions of who can file:
Minors: Minors may need to have a parent or guardian file the case on their behalf.
Incarcerated individuals: Incarcerated individuals may have difficulty filing a small claims case because they may not have access to the necessary resources.
Individuals with certain disabilities: Individuals with certain disabilities may have difficulty filing a small claims case because they may not be able to represent themselves in court.
To file a small claims case, you must be able to prove that you have a valid legal claim against the defendant. This means that you must be able to show that the defendant owed you a duty of care, breached that duty, and caused you damages as a result.
Here are some examples of people who have successfully filed small claims cases:
- A customer who was injured by a defective product
- A tenant who was wrongfully evicted by their landlord
- A homeowner who was damaged by a contractor’s negligence
- A car owner who was involved in an accident with an uninsured driver
- A consumer who was defrauded by a business
- If you are unsure whether you can file a small claims case, you should contact your local court clerk’s office.
Small claims court is a good option for people who need to resolve a dispute quickly and inexpensively. If you have a valid legal claim against the defendant and you are able to represent yourself in court, you may want to consider filing a small claims case.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.