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Small Claims Court
How
to file claims too low for lawyers to handle.
Small claims courts hear
disputes involving claims for relatively small amounts of money,
usually less than $5,000. Because of the small amounts involved, small
claims courts use simplified procedures which generally allow the
parties to appear in court without benefit of counsel. Unlike regular
civil trials in which months or even years may pass before a trial
date arrives, most small claims cases are scheduled to be heard within
several weeks after the plaintiff files suit. And while other trials
may take days, weeks, or even months to complete, the actual court
hearing of a small claims case rarely takes more than a few minutes.
Many small claims courts
hear cases after normal working hours so that the parties involved in
the suit don't have to take a day off from work in order to appear in
court. And while small claims cases are usually heard by a judge, in
some jurisdictions they may also be heard by a referee, someone who
may or may not be trained as an attorney.
While small claims court
procedures vary from state to state, they do share some basic
similarities. A person who wants to file a small claims suit should go
to the local courthouse. In some locations, you must complete a form
provided by the court for your complaint, but other jurisdictions
aren't so strict, and as long as the complaint is stated clearly
enough so that the defendant will know what claim you are bringing, it
will be attached to a summons to be served to the defendant. A clerk
of the court will help you complete the paperwork necessary to serve a
summons on the defending party.
You will have to pay a
filing fee, usually around $20 or so, and you may have to pay an extra
fee for delivery of the summons to the defendant. In some
jurisdictions, however, process can be served by any adult who's not a
party to the suit, or by certified mail, so you may be able to have a
friend serve the summons at no charge, or have it delivered by the
post office at a minimal cost. If a friend acts as your process
server, be sure to have him complete and sign the Proof of Service
form and return it to the court. Otherwise, the defendant may later
deny ever receiving notice of the summons, and that can delay you in
collecting any default judgment awarded by the court.
When the defendant
receives the summons, he may be required to file an answer to the
complaint, but in many small claims courts all he must do to contest
the claim is appear in court on the day of the trial to present the
other side of the story. In many cases, being served with a summons to
appear in small claims court will prompt a settlement offer that may
be acceptable to both parties, and so the case can be dismissed before
the trial.
If you and the defendant
are unable to settle the matter before the date set for the court
hearing, you should appear in the courtroom in advance of the time
your trial is scheduled. In fact, many experts suggest attending a
small claims court session a few days before your own trial is
scheduled, so you can familiarize yourself with the court procedures
and the judge's methods of handling cases. For example, some judges
take very active roles in questioning the parties and their witnesses,
while others pretty much let each party make their own case without a
lot of questioning.
Before you go to court,
it's a good idea to practice your presentation a few times. Small
claims court dockets are usually crowded, and the judge may have to
hear dozens of cases in a single session. You want to present your
case as succinctly as possible, without going into issues that don't
really concern the court. For example, if you have a breach of
warranty case, it doesn't really matter to the judge that the customer
service clerk you spoke to was rude or unfriendly, or that you weren't
allowed to speak to the manager because he was out to lunch when you
called. All that matters in a case like this is:
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You purchased an
item with a warranty;
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The item had a
defect that was covered by the warranty;
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The warranty was
still in force when you brought it in for repairs;
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The merchant or
manufacturer refused to honor the warranty, and
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You were damaged by
the refusal, since you lost the value of the merchandise and
incurred additional expense getting it repaired or replaced.
In addition, you will
want to present yourself as a reasonable person seeking a reasonable
solution. As a result, it's a good idea to be neatly dressed when you
appear in small claims court, although you don't have to get out your
best suit or dress for the occasion. Always be courteous to the judge,
to your opponent, and to the opponent's witnesses. Shouting, using
profanity, or interrupting the judge or other witnesses is a sure way
to damage your case, and could even lead to a citation for contempt of
court.
When your case is
called, as the plaintiff you will have the opportunity to present your
evidence to the judge first. If you have witnesses who will be
appearing on your behalf, they will be given a chance to testify as to
their knowledge about the matter in dispute. You should also have
copies of any photographs, papers, invoices, or other correspondence
which may help to bolster your case.
Once the court has heard
your side of the case, the defendant will be given an opportunity to
present his version of the dispute. In most small claims courts, the
plaintiff will then get a chance to speak last and rebut any
statements made by the defendant. Once the judge has gathered all of
the information from both sides, he will render a decision, usually
within a few days of the trial. If the court decides the case in favor
of the plaintiff, the defendant will be ordered to pay some or all of
the amount you have claimed, and may be required to reimburse you for
court costs and filing fees in addition to the damages you claimed.
But if the judgment is in favor of the defendant, you will not be
entitled to receive any payment.
In most cases, you
should expect to receive payment of any judgment within a week or two
after the court issues its ruling. But if you don't have your money at
the end of this period, there are some steps you can do to get the
judgment paid.
First, you should send a
copy of the judgment to the defendant along with a letter demanding
payment. If the amount in question is a substantial one, you may be
willing to let him pay the judgment in installments. If you agree to
this arrangement, however, be sure to put the agreement in writing,
and have the defendant sign it.
If the defendant refuses
to pay, you may return to court and request a court order of
execution, which commands the county sheriff or other law enforcement
official to attach property belonging to the defendant, or to garnish
wages. You can often find out where the defendant works and the
locations of property such as bank and brokerage accounts, because the
defendant will be required by the court to fill out a form listing his
assets at the time the judgment is entered against him, and return it
to you within a specified period of time. A losing defendant who
refuses to complete this form can be guilty of contempt of court,
unless he pays you the full amount of the judgment before the time
period for returning the form expires.
If you are the loser in
a small claims court case, you should be sure to obtain a form known
as a "Satisfaction of Judgment" from the clerk of the small
claims court. When you pay the amount you owe to the plaintiff, be
sure that the plaintiff signs this form. You will then make a copy of
the form for your records and file the original with the court, so
there is a record of the payment in the event of a later dispute.
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