Alaska's small claims court: an appropriate option for resolving many everyday legal disputes.

• Author: Saade, Renea I.
• Position: Legal Speak

Account receivables collecting dust? Unable to resolve a dispute over a security deposit? Need to collect a personal loan? Filing a claim in Alaska's Small Claims Court System may be a solution. Many businesses and individuals figure the legal system is not available to them if their dispute does not involve a large amount of money. It is no secret that in many cases, the cost of filing a lawsuit--and hiring an attorney--can outweigh the benefit of pursuing the action. But that is typically not the case if the claim is filed in small claims court.

While there are some limitations on the types of cases that may be filed and the relief that can be granted by the court, small claims provides a simplified court process for most controversies involving $10,000 or less.

Because of the less formal nature of the proceedings, lawyers are usually not needed, although they are allowed. Additionally, unlike in other courts, a corporate entity can be represented by an officer of the entity.

Faster, Less Expensive

Filing in small claims court also requires a smaller filing fee and results in an earlier trial date. The filing fee for a small claims case is at most $75 versus $90 or more in other courts. Small claims cases go to trial within 4 to 12 weeks, whereas a case filed in other courts takes at least 6 to 10 months to go to trial. The small claims court system also offers a free mediation service that allows the parties to meet with a neutral facilitator--usually an attorney, law clerk or community volunteer--before trial begins to candidly and confidentially explore whether the parties can resolve the dispute on their own. While mediation is available in other courts, it is not usually free of charge.

To begin a case, the party that seeks court relief--the plaintiff--must file a document called a complaint, which outlines who is seeking relief, what relief is sought and against whom--the defendant or defendants.

Once the complaint is filed with the court, it must be served upon the defendant either by certified mail or via a process server. The defendant then has 20 days to respond--or 40 days if served outside the United States--by filing/serving a document called an answer to address the allegations in the complaint, assert any defenses and/or assert any counterclaims. Each party must then appear either in...