What Is Small Claims Court?

What Is Small Claims Court?

Small claims court is a local court where you can go to sue a person who has caused you damage. In a few areas of the country this court is called by other names such as "justice" court or "pro se" court. Wherever you live one of these courts should be available to you. The hallmark of small claims court is that it's cheap and easy to file a case, and court procedures have been simplified to the point that attorneys are not necessary and in many states not even allowed. The hearing before the judge, magistrate or commissioner (sometimes a volunteer lawyer) usually happens quickly and the decision is made on the spot or in a few days.

The amount you can sue for is limited usually no more than $2,500 or $25,000. These limits increase regularly so double-check the amount with the court clerk if you decide to use this court. You may well want to use small claims court even if your losses are higher than the amount you can sue for because the attorney fees and enormous amount time required to use the regular court. For example, if you have $6,000 claim and a lawyer will take a third of what you win as a fee, you could use a small claims court with a limit of $3,000 and still come out ahead, once the delay and expenses are figure in. Also, be aware that few states, including Hawaii, Montana and New Jersey place restrictions on what type of lawsuits a judge will hear in small claims court. These restriction may limit lawsuits only to landlord-tenant disputes or to personal injury claims.

----------------------------------------------------------------------------------------------------------------------------------------------------------------