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 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.
Find
an Attorney in your area and free legal forms
|