Small claims court is where cases that involve a plaintiff suing for $5,000 or under present their situations. These types of cases most commonly include breach of a verbal or written contract, defective merchandise, property damage, payment for some type of work that was provided, the return of a down payment or security deposit and suing for back rent. When you eliminate the presence of a lawyer and a jury, simplify the requirements of evidence, small claims cases offer a more affordable and efficient way to file your claim.
Understanding the Small Claims Forms
These are the legal documents that are used for beginning the actual court process. The person who is initiating the claim, the plaintiff, will fill out the Plaintiff’s Claim Form. It will include the defendant’s name, the reason they are suing them and the amount they are suing for. There are a number of other documents related to the case as well. In order for the process to begin, this Plaintiff Claim Form has to be served to the defendant. This is when the services of a process server can be invaluable.
The Importance of having Small Claim Forms Served
To start the legal proceedings the defendant has to be notified that they are being sued. This means that they receive the Plaintiff’s Claim Form. Due to the fact that they are involved in the case, the plaintiff and their relatives are not able to serve the defendant’s paperwork, which is why it is a good idea to hire a professional person for this: a professional process server.
Doing this will ensure that your case is initiated legally and that the defendant has the opportunity to counter-sue if applicable in your particular situation. Understanding the process is invaluable if you need to file a claim in small claims court.
