On the grand scale of frightening and damaging courtroom situations, small claims is a minor inconvenience. Despite this, small claims court can cause major headaches and heartaches to someone who enters the ring unprepared. Here is what you need to know if you receive a small claims court notice.
What is Small Claims Court?
This type of court offers a means for ordinary citizens to resolve small issues and disputes in a less complicated and more affordable manner. It takes just a bit of education and studying to learn how to successfully represent yourself in small claims to either defend yourself against an unwanted claim or gain what you believe is rightfully yours.
Small claims court is mainly responsible for sorting out small money-related disputes. You can’t turn to small claims court to handle divorce, custody, bankruptcy, or any other major issue.
The Details of Small Claims Court
Most small claims court cases max out around $10,000 dollars, although some states like New York and Vermont cap it at $5,000. This is to ensure that people don’t take advantage of the small claims system or overwhelm the pipeline in pursuit of money.
Since these cases are simpler, some states do not allow the use of lawyers. They are cases meant to be handled only by the people involved. Other states do allow lawyers, but many people feel that the modest nature of small claims court is not worth paying a legal fee.
If You Are Served Small Claims Papers
Do not ignore these papers! Read them and prepare a plan of action. You can defend your case to the judge upon your hearing, but remember that the judge has heard every excuse in the book. It’s best to be quick, succinct, and honest. Bring any proof that you can to support your side of the story.
If the outcome is not in your favor, your state may allow you to appeal within one month to obtain a new trial.
