How Does Small Claims Court Function?

What you will discover:

How Does Small Claims Court Function?
Moderation
What Is the Process of Monetary Disbursement?

To begin, let us clarify what small claims court is. Small claims court permits you to seek monetary damages from another person or people up to a certain sum. If the monetary value exceeds the set limit, the matter must be referred to a court other than small claims court.

How Does Small Claims Court Function?

Small claims court claims are filed against a party at the local courtroom. The name of the defendant, a description of the occurrence, any documentation that exists, and any other significant information required by your particular court will be required in the file. A very near court date will be set, and the defendant will be served with documents.

Moderation

Most courts will require both parties to sit in the same room with a legal moderator who will hear both sides of the debate. The moderator will seek to establish an agreement between you and the defendant. You are permitted to bring a lawyer to the courts at this time. If you have a legal issue, you may ask it to any of our lawyers in our On Call network.

If moderation fails, you will be able to present your case to a court. The majority of cases will be resolved with the assistance of a moderator.

What Is the Process of Monetary Disbursement?

When there is a legally binding contract, cases are generally resolved quickly. Cases without a contract may have their values altered if the court deems it necessary. The greatest amount of money a plaintiff may obtain in small claims court is the county limit plus any court expenses.

Normally, the defendant has 30 days from the date of the agreement to pay the money back to the plaintiff. If the money is not received, you may go back to small claims court.

If you are unclear of your county’s monetary restriction, you may phone the local courthouse and inquire about the small claims court limitations in your county.