Introduction
Small Claims Court is a smaller court where you can sue a partnership, corporation, or association for money. If they broke something or did not finish a job and you want it completed or fixed this is not the court you need. This court is strictly set up for suing without an attorney for up to five thousand dollars.
Age
As with anything in life there is an age limit that is in place if you want to file a claim. You will need to be at least 18 years old. If you are younger then your legal guardian or parents will have to handle filing the claim on your behalf in Small Claims Court.
When you go to court and make a claim against someone else the courts will refer to you as the plaintiff while the people you are suing are called the defendant. If you have been dealing with more than one person in the company you are also able to sue them at the same time.
The key thing about a Small Claims Court is this process is speedy. There is no jury or witnesses; it is just you and the company. Even though a lawyer is not needed for the process, you can hire one at your expense if you feel the need.
Filing
You or your legal guardian or parents will need to go to the Small Claims Court and file a statement of the claim. Hopefully you have everything documented since the courts are going to need dates, times, etc. When filing the claim, it is necessary for you to make a written statement that is brief and states any facts that relate to the case.
The courts will charge a small fee for filing the claim. If the amount that you are suing for is less then $1,000 it will cost around $15 but, everything from $1,001-$5,000 will cost around $20 to file the claim.
At the time of the filing you will be told the court date. Now the clerk’s office is going to send two notices to the defendant. One will be sent via regular mail and the other will be certified. If they both come back then the court date is changed and it is up to you to find someone over the age of 18 that can personally deliver the documents to the defendant. It cannot be you since you are the plaintiff.
Trial
It is always better to arrive early on the court date. This makes sure you will be there when your case is called by the judge. If on this important day you do not show in court then everything is thrown out and the case is closed. You will not be able to file another case. If the defendant fails to show then the judge could claim a judgment of default in your favor.
If both parties show at the Small Claims Court on time then the judge will let each side state their facts. Everyone will also get the chance to show any paperwork and notes that have been written down. Do not interrupt the other party when they are speaking. You will get your chance to state your case. Sometimes the judge will give their decision right then but most of the time you are thanked for showing up and told there will be a decision mailed to you within a few days.
