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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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