Small claims court is a legal venue where individuals or businesses can resolve disputes involving relatively small amounts of money without the need for attorneys. The goal is to provide a simplified and faster process for resolving financial disputes.

Small claims courts typically handle cases involving monetary disputes, such as unpaid debts, property damage, contract breaches, personal injury claims, or disputes over services or goods. The exact types of cases allowed vary by jurisdiction.

The monetary limit for small claims court in California is $12,500 for individuals and $6,250 for businesses.

Generally, you are not allowed a lawyer in small claims court, as the process is designed to be user-friendly. However, if you feel unsure about handling the case yourself, you can consult a lawyer for advice, though they usually cannot represent you in court.

To file a claim, you’ll need to complete a claim form (often called a “Complaint” or “Plaintiff’s Claim”) and submit it to the small claims court. You’ll also need to pay a filing fee, which varies by jurisdiction. After filing, the court will schedule a hearing and notify the defendant. Our service we offer assists you in this entire process to ensure the claim is prepared and filed correctly.

If you are the plaintiff and you fail to appear, your case may be dismissed. If you are the defendant and you fail to appear, the court may rule in favor of the plaintiff by default. It’s essential to attend your hearing or inform the court if you cannot.

If you are the plaintiff in the small claim case, typically you cannot appeal the decision the judge has made. If you are the defendant in the small claim case, you are allowed to appeal the case and have it heard by a different judge.

Small claims cases are typically resolved more quickly than regular lawsuits. The time it takes can range from a few weeks to a few months, depending on the complexity of the case and the court’s schedule.

If you win your case, the court will order the defendant to pay the amount awarded. However, the court does not collect the money for you. It is your responsibility to collect the judgment, which may involve garnishing wages, seizing property, or other enforcement methods.

If the defendant refuses to pay, you can ask the court for help enforcing the judgment. This may involve garnishing the defendant’s wages or bank account, placing a lien on their property, or other legal measures. Keep in mind, enforcement options vary by jurisdiction.

No, small claims courts have specific rules on the types of claims they will hear. For example, you can only file claims for monetary value or possession of property in small claims court.

The judge in small claims court is responsible for hearing both sides of the case, reviewing the evidence, and making a decision. Unlike in other courts, the judge may also offer suggestions or explanations of legal procedures but will not act as a mediator.

Yes, many small claims cases are settled before the hearing. You can reach an agreement with the defendant and submit it to the court for approval. If both parties agree, the case can be dismissed or resolved based on the settlement terms.

Bring all relevant documents, such as contracts, receipts, invoices, photographs, or any written communication related to the dispute. You should also bring witnesses, if applicable. Having clear and organized evidence will help support your case.