Small Claims
Small claims court is a special court where disputes are resolved quickly and inexpensively. The rules are simple and informal. For those who know little about small claims courts, the television series, The “People’s Court” is one of those law programs, like “Perry Mason” and “L.A. Law,” that has left an indelible mark on viewers. The judges who have presided over “The People’s Court” and other, similar court shows, became TV icons.
Remember how “The People’s Court” announcer ended each telecast by urging viewers with problems to “take ‘em to court”? That line made lawyers bristle because it fostered legal inefficiency. Suing should be the last resort, but there are times when suing seems to be the only way to solve the problem. If you find yourself in that situation, small claims court may be the best place to go. There are some important things you should know if you sue, or must defend, in small claims court.
Lawsuits are subject to time limits, called statutes of limitations, which vary. For example, certain types of suits must be filed within two years of the incident that caused the harm.
How much money can I ask for?
An individual cannot ask for more than $7,500 in a claim. Corporations and other entities (like, government entities) cannot ask for more than $5,000. You can file as many claims as you want for up to $2,500 each. But you can only file 2 claims in a calendar year that ask for more than $2,500.
You can only sue a guarantor for up to $4,000 ($2,500 if they don’t charge for the guarantee). But, if you are a natural person filing against the Registrar of the Contractors’ State License Board you can sue a guarantor for up to $7500. A “guarantor” is a person who promises to be responsible for what another person owes.
There are several factors to consider when deciding whether to file in small claims court. The amount in controversy is one. If the amount in controversy is so low that it would not be cost efficient to hire an attorney, pro se litigation in small claims court may be the best way to go. Even if you hire an attorney, consider the filing fee. Small claims courts charge up to $75 to file a suit – superior court filing fees are much higher.
What is the basic procedure?
The first step in starting a lawsuit in small claims court is filing a complaint with the court. The complaint contains a short and plain statement of the case and you can use the court’s form. You must have the defendant’s correct name and address. You’ll pay the filing fee when you file the complaint, and the court will issue a summons.
You must serve the summons and complaint the defendant, but you cannot do it yourself. You will have to use either a process server, the sheriff, or have a friend perform this service.
There is opportunity during the time before the trial date for the parties to settle their dispute. Our paralegals are exceptionally good at mediation and helping legal contestants settle their disagreements. If you reach a settlement, the plaintiff must dismiss the case. If you don’t reach a settlement, you will go to trial. You must line up your witnesses, present your evidence, and know what the judge needs to hear in order for you to make your case.
If you prevail in small claims court and win a judgment, don’t expect the defendant to immediately do whatever the court ordered. Enforcing a judgment is often more difficult than winning one. The problems you are likely to encounter are not unique to small claims court. Our paralegals are more than capable to help you recover a judgment that you have been awarded.
How do I file my papers with the court?
We are a full-service legal service, we can file your documents with the court and can serve your papers!