Small Claims Courts
| Author | Jeffrey Wilson |
| Pages | 413-418 |
Page 413
Small claims courts are intended to resolve civil disputes involving small amounts of money, without formal rules of evidence and long delays. The parties involved may present their own claims or defenses or may be represented by counsel; however, in a handful of states, attorneys are prohibited. The cases move quickly through the court dockets, the judges often render their opinions in the same day, and the parties are generally satisfied with the quick resolution of the controversy. However, there is a downside. All small claims courts have "limited jurisdiction" (authority to hear and adjudge a matter) involving not only the dollar amount but also the subject matter of the controversy. Secondly, if parties do not understand what they are doing in presenting their claim or defense, they could stand to lose, badly, and there is no going back.
Resolving a dispute in small claims court is very much like conducting a mini-trial, although generally less formal. There is a claim and a defense, the presentation of evidence, and a judgment. Rules of procedure vary from state to state, but the overall process is remarkably similar.
The maximum dollar value of the dispute or claim varies greatly from state to state. Typically, the maximum amount plaintiffs may be awarded in a judgment ranges from $3,000 in New York to $7,500 in Minnesota. If the amount they are asking for in damages is more than the allowable amount in their state's small claims court system, they have two choices: either to either waive their right to any amount above and beyond the maximum allowable, or file their case in the next level of court.
Small claims courts are mostly intended to resolve minor monetary disputes. A limited number of state small claims courts permit other forms of remedy besides money, for example, evictions or requests for the return of personal property. However, individuals generally cannot use small claims courts to file for divorce, guardianship, bankruptcy, name changes, child custody, or "injunctive relief" (emergency relief, usually to stop someone from doing something). In many states, they cannot sue
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for defamation (slander or libel) or false arrest in small claims court. Finally, they cannot sue the federal government or any of its branches, agencies, or employees in their official capacities in small claims court.
Each state has its own rules regarding how long individuals have to file suit, once they have been harmed or an event occurs that gives rise to a claim. The same time limits ("statutes of limitation") apply to small claims courts as to other courts. Generally, they have at least one year from the injury or event (or its discovery, in some cases) to file their suit.
To start the process, individuals should check with their local court clerk to find out where their small claims complaint should be filed: most states require that they file suit in a small claims court in the county wherein which the party being sued actually resides (or has business headquarters), rather than the one in which the plaintiff resides. Alternatively, some courts allow the suit to be filed in the district where the injury or event occurred (where "the cause of action arises").
Generally, the complaint itself may be handwritten or prepared on a special form available from the court itself, with "fill in the blanks" ease-of-completion. If individuals are composing their own complaints, they need to make sure that it contains, at a minimum, the following:
The plaintiff's complete name and address
The complete name and address of the party being sued
The date of the injury or event which gives rise to the plaintiff's claim
A brief statement of facts relating to the injury or the event, and the role that the party being sued played in it
The type of harm that was suffered by the plaintiff as a result of it
The amount of damages or other remedy the plaintiff seeks are asking
Individuals must also check local law to ensure that the party being sued is properly served with the complaint. In many small claims courts, a court clerk will take care of "service of process," but in many states, plaintiffs are responsible.
The court will notify plaintiffs of the date for their trials. Plaintiffs should request from the court clerk any available information that may help them with procedure (unless they have retained an attorney). Generally, plaintiffs are allowed to bring witnesses to testify in support of their claims. Some courts may accept affidavits (sworn statements) from persons who cannot appear in person; however, since the other side has no opportunity to "cross-examine" an absent witness, most courts will give only minor consideration to affidavits. Plaintiffs' most important witnesses are themselves. Be prepared, be...
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