Big Truths About Small Claims
Why do people end up in small claims court? The top reasons people typically go to small claims court to resolve their problems are:
1. To recover a security deposit: If your landlord fails to return your security deposit to you after you have vacated his property, you may have to take him to small claims court.
2. To recover unpaid rent after a tenant vacates a property: If you still owe back rent when you vacate your landlord’s property, your landlord may take YOU to small claims court.
3. To recover for medical bills after an injury accident: Say you trip over a toy your neighbors’ bratty kid left in the middle of your driveway, break your ankle and have to go to the emergency room. If your neighbors refuse to pay the emergency room bill, you may have to take them to small claims court.
4. To recover money spent to repair or replace damaged or destroyed personal property: If your neighbors’ bratty kid throws a tantrum, hurls a toy at your brand new Mercedes and scratches the paint, and the neighbors refuse to pay for repair of the scratch, you may have to take them to small claims court.
5. To recover a relatively small, unpaid debt: If your neighbors borrow $500 to enroll their bratty kid in anger management classes, and then fail or refuse to repay you, you may have to take them to small claims court.
The first thing you’ll need to do if you want to file a lawsuit in small claims court is to determine whether your claim meets the small claims court’s jurisdictional requirements. Each state has established a maximum monetary limit for small claims cases. In some states, the limit is $2,000. In others, it may be as high as $5,000 or $10,000. If the amount of money in dispute in your case exceeds your state’s limits, then you may have to hire an attorney and file your case in a court with a higher jurisdictional limit, such as superior court.
Or, if your case barely exceeds the maximum, you may wish to waive the excess amount in dispute. In other words, if you are owed $5,500, but the laws in your case only allow an award of $5,000 in small claims court, you may decide it is worth it to you to sue for only $5,000 rather than have to incur higher court costs or substantial attorney’s fees.
Once you’ve decided that small claims court is the right place for your case to be heard, the next step is to determine the proper county for filing your claim. Proper “venue” for a court case is determined by a number of factors and depends on the nature of your claim. For example, if you are involved in an automobile accident, proper venue generally lies in the county in which the defendant lives or in which the accident occurred. If you entered into a contract, proper venue is usually in the county in which the contract was formed. If you need assistance determining the proper county for filing your claim, many counties have small claims advisors who will be able to assist you.
Once you know which county is the proper county for filing your claim, you will then initiate a lawsuit by filling out and filing the appropriate paperwork with the court clerk.
It is important to note that court clerks are prohibited by law from giving legal advice, advising litigants as to which forms to fill out, or telling them how to fill the forms out. Most courts do, however, have small claims packets which contain all the forms you will need and instructions for filling them out, filing them with the court and pursuing your case. Again, if you have questions, many counties have small claims advisors who will be able to assist you.
Once you have completed and filed your paperwork, the clerk will give you a hearing date. The clerk will also, in most states, serve the defendant by certified mail with a copy of your claim documents and notice of the hearing. If you are required to serve the defendant yourself, you may pay a nominal fee to your local county sheriff’s department to serve the documents for you, or you may hire a process server to serve the documents. Because you are a party to the case, you may not serve the documents yourself.
Make sure the defendant receives copies of all documents filed with the small claims court and any other documents that are required to be served. Once the documents have been served, you will be required to file a “proof of service” with the court so that the judge knows the defendant received proper notice of the hearing date.
While waiting for your hearing date, gather all documentation that in any manner supports your claim. Appropriate documentation may include contracts, letters, receipts, cancelled checks, memos, even photographs. If you are not sure whether a document is relevant, include it anyway. If you don’t include it, and if your luck is anything like mine, that single document will be the only document the judge wants to see.
Organize your evidence and make several copies to take with you to court. You may be asked to provide copies to the judge, to the landlord or even to the clerk or a court reporter. Make sure your documents are organized so that you can locate any document to which you need to refer quickly and easily. By simply being the best organized litigant at the hearing, you will have a huge advantage over the defendant.
At the hearing, take your cues from the judge. When asked to do so, state your case clearly and concisely. Do not ramble–get right to the point. Do not interrupt the defendant or, heaven forbid, the judge–always wait your turn. Most of all, be prepared. Make sure you have answers ready to any question that may arise, even (and especially) regarding those issues that may be damaging to your case. Make sure you have documentation or evidence to support all of your answers and claims.
If you follow these steps, you will give yourself the best possible chance of prevailing on your claim.
