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Filing Small Claims Court: Basic FAQs

By: Green Panda | Date posted: April 29, 2009 (4:19 pm) | Write a Comment (3 Comments)

What is small claims court?

Small claims court is usually for cases involving claims of less than $5,000. A benefit of small claims court is that you do not need a lawyer as it is simplified to expedite cases.

What can I do in small claims?

There are two type of warrants in small claims. The first is Warrant in Debt which is when the plaintiff (the one suing) is trying to get money from the defendant such as when you are seeking to be reimbursed for repairs due to negligence on the defendant’s part. The second isWarrant in Detinue to recovery your property from another person.

How much does it cost to file a small claim?

Fees vary, so please contact your local court to find out.

How should I start the filing?

Make sure that you are filing a small claims lawsuit to the right person. If you’re suing a business, make sure you see what the correct address is and the name of the registered agent. Some resources to use are:

  • City License Bureau
  • State Corporation Commission

If you send it to the wrong person, the case can be dismissed. Call the clerk’s office ahead to make sure you have the right information for the small claims lawsuit.

How should I prepare?

You should have all your necessary paperwork organized for the case. The basic idea is that you have to present why you should win your suit. Try to make it clear and logical. Don’t get caught up in the emotions. Remember that you can bring witnesses, pictures, receipts, records, etc. with you in court. It’s best to get this done before the court date. What you and the defendant present to the judge is what they will rule on in the case, so prepare well.

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I hope this helps some people out. Please get information from your local court clerks office to get the proper information for you and your case. If you’ve had to go through the process, please leave a comment.

 

Disclaimer: I’m not a lawyer. I highly suggested you contact your local legal resources.

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3 Comments
  1. Comment by Miranda — April 30, 2009 @ 8:10 am

    This is very useful information, especially, for those who work from home. If someone doesn’t pay for work, small claims court may be the answer.

  2. Comment by Green Panda — April 30, 2009 @ 11:00 pm

    @Manshu: I would google your city or county to get the small claims court’s website. You should be able to get very specific information.

  3. Comment by Manshu — April 30, 2009 @ 10:47 pm

    What is the starting point…I mean is there a website that I can check out?

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