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SMALL CLAIMS COURT
File small claims court forms today using the information provided
here. We cover how to file small claims court forms, who can file,
the types of claims and amounts that can be handled in small claims
court plus, if you're awarded a judgment, how to collect. If you're
a small claims court defendant, we cover how to prepare your defense,
explain the garnishment process including what income is exempt
and how to claim exemptions plus how to file a small claims appeal.
Small Claims courts' website offers a treasure-trove
of information on the topic. Click a section below to learn more
on that topic
Small claims court is a quick, informal and lowcost
way to resolve disputes over money debts. The court considers and
resolves cases involving money debts only! The amount considered
is State-specific but normally does not to exceed $5000. (Call your
local court to verify the amount). Although the information on the
web site explains how most small claims courts work, each State
and even some counties have their own unique procedures. Always
ask the court clerk, for specific instructions relevant in the district
court nearest you.
Small Claims Court Rules
-
No attorney, lawyer or other legal paraprofessional
allowed!
-
Claim cannot exceed $5,000 (state-specific).
-
You cannot bring a claim on behalf of another
person;
-
Individuals, corporations, partnerships and
associations can file a claim in Small Claims Court BUT only
if represented by a non-lawyer.
- Only the plaintiff, defendant, and witnesses
can participate in a small claims court trial (if the judge agrees,
exceptions can be made)
NOTE: Small claims courts do not issue any order
requiring someone to do something or not do something, such as a
restraining order or an injunction.
Types of Claims
-
Damage to your *car or personal property
by someone with no insurance;
-
You are owed money by someone who has failed
to repay you;
-
You are owed wages by someone who refuses
to pay you;
-
Lost or damaged your clothes by a laundry/drycleaners
that refuses to pay to repair/replace your clothes;
-
A tenant has failed to pay you rent;
-
Landlord refuses to return a damage deposit
after you move out;
-
You were sold defective merchandise and
the vendor refuses to refund your money.
Filing Fees
There is is a small fee (national average is $20)
for filing your claim in small claims court. This is payable at
the time you file the notice of small claim forms either in person
or by mail. If you win, this fee is considered part of the costs
to bring the claim to court and is added to the judgment thus allowing
you to recover the fee from the defendant.
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