Small Claims Courts

Every city, county or municipality has one or more small claims courts. These courts were created to allow individuals to litigate in an inexpensive and efficient forum without the necessity of an attorney.

Maximum Amount of Claim

Small claims court is just that-a court for litigating over smaller amounts or claims of money. The court's jurisdiction (its power to adjudicate only certain types of cases) is based on the amount of money requested in the lawsuit. Typically, the amount cannot be over $5,000. Laws in some states may permit the court to hear claims involving higher amounts or set the limit much lower. The court does not have the jurisdiction to hear matters that involve amounts beyond the set limit.

Type of Claim

Small claims courts hear only civil cases where an individual is seeking a cash judgment or recovery of personal property. If the court's jurisdiction is capped at $5,000, the value of the personal property cannot exceed that amount.

Notifying the Defendant

Although litigation in small claims court is an informal process, notifying a person that he has been sued is the same as in any court. The defendant must be properly served with the lawsuit. Without service of the defendant by a law enforcement official or a private process server, the court cannot enter a judgment.

Who can file a lawsuit in small claims court?

Any adult (over 18 years of age) can file a claim. Anyone under 18 years old must have a guardian ad litem appointed by the court to protect his interests.

Is there a limit to the number of claims I can file in one year?

Yes. Some courts limit filings to 12 per year, for example.

Can a lawyer represent me in small claims court?

No. You can discuss your case with an attorney but she cannot appear before the judge on your behalf.

How much does it cost to file a case in small claims court?

Costs vary, but typically the fee is less than $50. By contrast, the fees for filing a petition in a state court are often at least $200.

How long do I have to wait before the judge hears my case?

Judges usually set cases within 30 days or so in small claims court.

Do I need to bring evidence with me to court?

Yes. Evidence, such as receipts, helps prove your case to the judge. For example, you can bring:

• photographs
• bills
• receipts
• correspondence
• contracts

Am I allowed to have a witness testify on my behalf in small claims court?

Yes. If you have a witness, you should definitely ask her to appear and testify for you. A witness's testimony will help convince the judge of your case.

TIP: To ensure the witness's appearance at trial, he must be formally subpoenaed. The court clerk prepares the subpoena and forwards it to the sheriff for service. If the witness fails to appear, you have the right to ask for a postponement until the witness can be found.

TIP: There is a fee for serving a witness subpoena and you may also be required to attach a witness fee to the subpoena.

Is discovery allowed in small claims court?

No. The usual discovery (depositions, interrogatories and requests for production) is not permitted in small claims court.

When does the judge make her decision?

Usually, judges rule immediately on the matter. For example, if you claimed you were owed money, and the judge agrees, she will rule in your favor and enter a judgment for you for that amount.

TIP: Some judges do not make a decision immediately. The judge's verdict is mailed to the parties at a later date.

If I do not like the judge's decision, can I appeal it?

Yes. However, the deadline for filing an appeal is short. In some cases, you may have as little as 10 days to file the appeal. If you miss the deadline, the verdict is final and no longer appealable.

I sued someone in small claims court but am unable to make the court date. Can my wife go in my place?

No. If you fail to appear, your case will be dismissed. You are the only person who may appear in court to litigate your claim.

Sidebar: It is possible that the plaintiff or defendant in small claims court may be represented by another person if, in the judge's opinion, he is unable to understand or participate at the trial. The person acting as the representative cannot be an attorney and must be familiar with the facts of the case. For example, a person with a physical disability that makes it difficult for her to speak and be understood could have her sister act on her behalf.

TIP: Ask for a continuance if a conflict arises with your court date. Call the court clerk and explain the circumstances. If your reason is valid, you can probably get a new court date.