Most states have set up a small claims division of District Court in each county to provide an inexpensive and speedy method to settle most civil disputes involving money or personal property valued at several thousand dollars or less. Each state has set its own maximum value of a dispute that may be brought into small claims court. The procedures of the court are informal, and while some states allow a lawyer to appear with the plaintiff, Small Claims Court is designed to let the plaintiff represent him/herself. The personnel at the courthouse are there to serve and will be glad to answer questions about various procedural matters. The plaintiffThe basic filing fees generally range from $25 to $50, and the judge or hearing officer may order that these costs should remember, however, that the clerks and the judges cannot give legal advice. Ceilings on Amounts Claimed and Filing Fees
The amount that may be sought in Small Claims Court varies from state to state. The amounts range from $1,000 to $15,000. (See Jurisdictional Amounts for a state-specific list of maximum amounts.) be paid by the party who loses the case. The Court Hearing Process
In Small Claims Court, the two parties involved in the dispute go to the court at a preassigned time and each party tells their side of the story to the judge with the plaintiff going first. The plaintiff has the burden of proving that there is liability on the part of the defendant, that the defendant caused the damages suffered by the plaintiff, and the amount of the damages. The judge makes a decision based on the law as applied to the facts presented. No juries are used in Small Claims Court. Most states allow the losing party to appeal a small claims judgment. |