Curious Minds Ask
A small-claims court is a state court where legal claims that fall below a statutory threshold - generally between $2,500 and $25,000 depending on the particular state - are adjudicated. The rules of evidence in small-claims courts are typically informal, and litigants often appear pro se.
Small claims court is a special court where disputes are resolved quickly and inexpensively. In small claims court, the rules are simplified and the hearing is informal. Attorneys are generally not allowed. The person who files the claim is called the plaintiff.
You start a lawsuit by filing a complaint. In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit.
County Court: The filing fee is typically under $100. District Court: The filing fees can range from $200 to $600. Small Claims Court: Filing fees are generally under $50. Cases filed here involve plaintiffs seeking $7,500 or less in damages.
Justice courts provide a more informal setting than the higher-level courts, so parties will often represent themselves rather than hiring an attorney. The limit to the amount that a person can sue for in small claims differs state to state.
In order to ensure that your claim has merit and is worth pursuing, it’s crucial to evaluate your claims thoroughly before proceeding with legal action. The first step in evaluating your claims is to gather as much evidence as possible to support your case. During your attorney consultation, we will help you identify your legal claim, assess the strength of your evidence, and evaluate your damages. Our attorneys will guide you through the legal considerations and cost implications, ensuring that you make an informed decision.
In small claims, unless specified, we do not provide in-court representation. In many jurisdictions, attorneys may not represent parties in small claims courts. However, pro se (or unrepresented) parties may always seek the advice and other services of an attorney in the small claims process. We offer pro se support services from filing to judgment collection. Our attorneys can research and prepare briefs for you to submit to the judge, review and prepare trial exhibits, and if you are the prevailing party, help collect on the judgment entered in your favor.
