Powered by
Navigating Small Claims Court
Each day in Los Angeles, citizens file almost 4,000 cases in small claims court. This high figure just goes to show - small claims court is an effective and easily used tool for the everyday person. Small claims allow people to resolve their legal disputes efficiently and in many cases, without hiring a lawyer.
Small claims handle disputes which are limited by a dollar amount. This means that similar suits usually come through the courts; these types of suits include property damage, breach of contract and business disagreements, malfunctioning product or bad service, landlord-renter disputes, fraud, accidents and personal injury, and outstanding debt. If you're involved in one of these disputes, small claims might be your ideal solution.
Understanding Small Claims
Small claims court handles cases that involve disputes over money or property, usually below a set financial limit. Limits vary from state to state, with the maximum anywhere from $3,500 to $25,000. The best part is that you can file for as low as $25 or less.
Unlike most other types of cases, typically you must represent yourself in a small claims case. The only hitch is that not having an attorney means you will have to do a good amount of leg work by yourself.
The process of taking a small claims case to court is simple. Cases are judged in a separate section of county civil courts. Both sides, the plaintiff and the defendant, present their case to a judge or appointed official. This judge in turn weighs the evidence and makes a decision. The procedure can last just a few minutes, from start to finish.
Statutes of Limitation
Each state has a different statute of limitations governing the type of claim you bring to small claims court. In California, for example, you have 4 years to make a claim on a written contract, and 3 years to file for property damage. As for oral contracts and personal injury cases, if you don't sue within 2 years, you can't.
How to File a Small Claim
First of all, put all of your evidence and the history of your dispute in writing. Make sure to include the who, what, where, when and why of your case and get ready to take yourself to court.
- Step One: File the Papers
Go to your county clerk's office and let them know you're interested in filing a small claim. That office will provide you with the appropriate paperwork to list basic information for your case: your name (the plaintiff), the name of the person or business you're taking to court (the defendant) and the exact amount you'd like awarded to you by the court. Make sure you have accurate contact information for the defendant. If it is incorrect, your case may be dismissed. Be sure to keep copies of your paperwork for your records.
Next, you'll be required to pay the appropriate court fees. Fees for filing a small claim vary by county, but it is usually around $80.
- Step Two: Serve Your Papers
Once you have filed your small claim with the appropriate court, you'll need to notify the defendant that he or she is being brought to small claims court. This is known as "service of process." Although there are rules outlining who can serve the defendant, generally your options are certified mail, the sheriff, or hiring a private process server. Once your claim is filed with the court and subsequently served on the defendant, the court processes your claim.
Only once the defendant is successfully served will the court set either a pre-trial hearing or a trial date.
- Step Three: Go to Court
Many courts demand that both sides attend a pre-trial hearing. Here, you can only bring documents, not witnesses, to prove your case. At a pre-trial hearing, you and your opponent can decide to have your case heard by a mediator, instead of going to trial.
Once you go to trial, both you and your opponent will have the chance to speak and bring witnesses before the judge or court-appointed official. If you choose to call a witness, you will face additional service fees and be required to serve the witnesses with a subpoena well in advance.
- Step Four: Judgment
The judge enters a final judgment after both sides have presented their arguments. The plaintiff typically has to prove that he or she is entitled to the amount of money or property requested.
While the specific rules vary from state to state, generally either party can appeal the judgment if he or she is not satisfied. Where this appeal will be heard also varies. Typically, it must be tried in a more formal manner which strictly follows all the rules of evidence and procedure and can require the help of an attorney.
- Step Five: Collect Your Judgment
The court will enter an official, legal judgment stating how much the losing party is required to pay. But remember, this is just a judgment; the court does not collect payment for you.
In an ideal world, the judgment debtor (person who owes money) will pay you right away. If your opponent refuses to pay, don't worry. You have additional legal tools available to you. Wage garnishment allows you to collect a portion of the debtor's paycheck, and property liens prevent debtors from selling off their assets without paying you first.
What to do next?
Even though court judgments have become increasingly easy to collect in recent years, few people with legitimate grievances actually pursue remedies through the small claims court. In small claims court, there are no attorneys, no jury, and any mentally competent person who is 18 years or older can sue. Remember, this is a tool for you.
LegalZoom is not a lawfirm and can only provide self-help services at your specific direction. Information contained above is subject to change and is not applicable to every state. Visit LegalZoom.com for specific state-by state-documents.
Return to Litigation
