Rules and tactics for taking your disagreement to small claims court.
Table of Contents
Questions
Can I represent myself in small claims court?
Can I appeal if I lose in small claims court?
Is there a time limit in which I must submit my small claims case?
In small claims court, how much may I suit for?
Where should my small claims lawsuit be filed?
What can I do to have my issue resolved without going to small claims court?
Will I be compensated if I win the lawsuit?
Can I sue the other party if I’m sued in small claims court but they’re truly at fault?
What should I do to have my small claims case ready?
How should I submit my small claims case before a judge?
Is it possible to handle any sort of issue in small claims court?
Can I represent myself in small claims court?
You must appear in small claims court on your own in a few states, including California, Michigan, and Nebraska. However, in many jurisdictions, you may choose to be represented by a lawyer. Even when it is permitted, however, employing a lawyer is seldom cost effective. Most attorneys demand excessive fees in comparison to the comparatively tiny sums of money involved in small claims cases. Fortunately, multiple studies suggest that persons who defend themselves in small claims court do equally as well as those who hire a lawyer.
Can I appeal if I lose in small claims court?
The answer is dependent on where you reside. Many jurisdictions enable the losing side to file an appeal within a particular time frame, generally between 10 and 30 days, and request a new trial. In certain jurisdictions, appeals must be based entirely on the claim that the judge committed a legal error, rather than on the facts of the case. Other states have their own set of regulations. See Appealing a Small Claims Court Case for further information.
Do I have to submit my small claims court lawsuit within a certain amount of time?
Yes. States create restrictions known as “statutes of limitations” that govern how long you may wait to file a lawsuit after the triggering event happens. All courts, even small claims, are subject to statute of limitations regulations. More information on time limits for lawsuits may be found at Statutes of Limitations: Is it too late to file a lawsuit? See Civil Statute of Limitations for further information about your state’s statutes of limitations.
In small claims court, how much may I suit for?
Depending on your state, the maximum is usually between $3,000 and $15,000. For example, the limit in New York is $5,000, $10,000 in California, $15,000 in Minnesota, and $5,000 in Vermont.
Where should my small claims lawsuit be filed?
If the other party resides or conducts business in your state, you must normally suit in the small claims court district nearest to that person’s domicile or headquarters. You may also be allowed to litigate in the area (court district) where a contract was signed or a personal harm happened in specific cases (such as an auto accident). For further information, contact your small claims clerk.
If the defendant has no connection to your state, you must normally suit in the state where the defendant resides or does business. Out-of-state small claims cases are often costly and time-consuming due to the distance involved.
Check out Overview of Small Claims Rules to learn more about the small claims system in your area.
What can I do to have my issue resolved without going to small claims court?
If you want what is due to you but don’t want to go through the hassle of filing a lawsuit, you have a variety of choices. First, write a demand letter outlining why you’re owed money and requesting payment within a certain date, such as fifteen days. See Demand Letters: The Fundamentals for further information.
In addition, several jurisdictions provide community or court-based mediation to assist parties in reaching an agreement with the assistance of a neutral third party. Mediation works best when the parties want to continue on good terms, which is usually the case with neighbors, family members, or small company owners who have done business together for a long time. This method of conflict settlement may be quite effective. See Mediation, Arbitration, and Collaborative Law for additional information.
Will I be compensated if I win the lawsuit?
No, not always. Even if the court rules in your favor, it will not manage collection for you—though some courts may monitor payments on money judgments. So, before suing, always ask yourself, “Can I collect if I win?” If not, consider carefully before filing a lawsuit.
Consider if the individual you’re suing has a stable career, valuable real estate, or assets. If that’s the case, you should be able to collect quite easily by garnishing his salary if you win.
However, some individuals and corporations are “judgment proof,” meaning they have little money and few assets and are unlikely to acquire much in the near future. You may have difficulty collecting your judgment if they do not pay freely.
In the case of those who seem to have no work or assets, inquire if they are expected to be more solvent in the future, since court judgements in many states are valid for 10 to 20 years and may typically be extended for longer periods. You should think about whether the individual may inherit money, graduate from college and acquire a good career, or otherwise experience an economic turnaround in the future. More information may be found at Representing Yourself in Court.
Can I sue the other party if I’m sued in small claims court but they’re truly at fault?
You may countersue in certain states if your claim is based on the same event or transaction. In reality, if you have a claim against the opposing party, you must file a countersue in several states. In some states, you cannot sue over the same disagreement in a subsequent case.
If the amount you suit for is less than the small claims limit, your case will most likely be heard in that court. If you wish to suit for more, see your small claims clerk for the appropriate regulations. Often, you’ll need to have the case moved to a separate court that has the authority to hear matters involving larger sums of money.
What should I do to have my small claims case ready?
Whether you are the plaintiff (the one suing) or the defendant (the person sued), you must provide proof to support your claim. Letters or in-person evidence from eyewitnesses or expert witnesses are excellent strategies to substantiate your case. See Offering Witness Testimony in Small Claims Court for further details. You may also utilize images, advertising fraudulently touting a product or service, and written contracts to persuade the court that you are correct.
How should I submit my small claims case before a judge?
First, keep in mind that the judge is quite busy and has heard hundreds of cases similar to yours. To retain the judge’s attention, go right to the point by stating the triggering event for your claim. After you have clearly defined the crucial event, immediately follow up by explaining how much money you are demanding. Retrace your steps and explain the court exactly what happened to lead up to your loss. See Presenting Your Testimony and Evidence in Small Claims Court for further information.
Is it possible to handle any sort of issue in small claims court?
No, small claims courts typically address minor monetary issues, as well as evictions and property restitution in a few jurisdictions. No state enables you to file a divorce, guardianship, name change, or bankruptcy in small claims court, or to seek emergency relief (such as an injunction to stop someone from doing an illegal act). Small claims cases based on libel, slander, false arrest, and a few other legal doctrines are also prohibited in a few jurisdictions.