Small Claims Court


          Small claims courts are limited for damages claims to a certain amount, ranging from $2,500 to $5,000. Generally, most small claims cases concern fender benders, property damage, disputes over security deposits, personal debt and lousy consumer goods. If you think your case have to be handled through a small clam court, you should try other alternatives before. You can try to negotiate a compromise by letter, through your local Better Business Bureau or state attorney general's consumer protection division or arrange for mediation through a neutral third party in a neutral setting. If all of these failed, head to the court.

          In many small claims courts, you will not be allowed to be assisted by lawyers in the courtroom. But it makes sense to consult a lawyer outside the courtroom consulting. He can help you to fill the case, brief you on the law in your state and give specifics, such as any statute of limitations. A lawyer can also help you organize your case and give you tips on strategy and tactics.

          To which court should I go? You have to check the government listings in your phone book to find the one nearest you. In some states, you must file in the small claims court district in which the other party lives. You should ask your lawyer about filing fees and how much it will cost to serve the other party. The complaint has to be served on the other party, usually by certified mail or by a process server. After the other party receives the complaint, he or she will file and serve you with a response to the complaint and any counterclaims against you.

          On the D day, you should arrive totally prepared and follow some instructions. First be cautious about the way you behave. Do not shout on the other party or on the judge. The way you conduct yourself in court can greatly affect your chances of winning. Do not try to act like a lawyer too. The judge just wants to hear what happened in your own words. The motto is to stay calm and polite, no matter how hostile the other party becomes.

          If you need to make appeal for a superior court level, you would need to file a notice of appeal and may also have to post a bond to assure you will eventually pay any judgment entered against you. Eventually, you should get information about the way to collect a judgment. The procedure can vary from state to state, from one court to another. Generally, it starts with filing the judgment with the small claims court.

Small Claims Court