Claims You Can't File in Small Claims Court No matter where you live, you cannot use small claims court to file a divorce , guardianship , name change, or bankruptcy , or to ask for emergency relief such as an injunction to stop someone from doing an illegal act.
Filing Your Small Claims Case Finding out that you can use the small claim forum to resolve your dispute is the first step. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code.
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The plus side , of course, is that it is less expensive to go to small claims court than to pursue other types of lawsuits, and the process for filing court paperwork and presenting evidence is still simplified. Then obtain the court paperwork and file your case in the county small claims court with jurisdiction over your case.
That could take several weeks, or even months, depending on the court schedule in the county where you file. Your case will usually come before a judge or a magistrate , who may be an attorney appointed to decide small claims cases. Be as prepared as possible before your hearing. Check out these online resources to help prepare your case.
On average, it takes around days for the process to be completed. If you are uncertain as to whether your case is best handled in small claims court, you may wish to schedule a consultation with a lawyer first. Sign up for The Payoff — your weekly crash course on how to live your best financial life. Hearing him crow made me want to remind the rest of you of this important tool.
It's called small claims court, but it can be a big relief if somebody owes you and you haven't gotten satisfaction any other way. The dollar amount that you can sue for in small claims court varies depending where you live. If your dispute is for slightly more than the limit, it may still be worth it to file a small claims suit.
You won't be able to sue for the full amount, but you'll avoid the expense of a regular lawsuit. The small claims filing fee varies from state to state. Generally, you have two to four years after the initial dispute to file a small claims suit. Check the statute of limitations in your state. Usually you can file in the county where the business is located or the county where you live. Not all jurisdictions offer small claims court, but often if they don't, they relax the rules in regular court for people trying to settle small disputes.
To file your suit, usually you fill out a form stating your name, the defendant's name and the nature of the dispute. You have to give the court the correct name and address of the defendant in order for your suit to go forward. If it's a company, you need the name of the owner. If it's a corporation, you need the name of one of the corporate officers. If the corporation uses a fictitious business name, you need the real corporate name.
For example, you may know the business as "Mack's towing," but the actual corporation may be called "Mack Jones Inc.
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