An Overview of Filing Claims with Small Claims Court

Every day, thousands of people throughout the country file a claim with small claims court. With the help of small claims court, which is a part of the Superior Court that places limitations on the amount a person can sue for, it is possible to recoup expenses for a number of reasons. Some of the common cases seen in small claims court include:

• Collecting on unpaid debts
• Collecting on back rent
• Enforcing a written or verbal contract
• Getting back a security deposit
• Recovering money for damaged or broken property
• Receiving payment for doctor or hospital bills accrued for treatment of personal injuries

Since there are limits to the amount of money a person can receive through small claims court, it is important to consider the amount of the damages before pursuing the case in this manner.

Many people choose to pursue their cases in small claims court because it is not necessary to hire an attorney when settling matters in this way. In addition, it is not necessary to put together a complex case when settling in small claims court. Rather, simple rules of evidence are adequate.

Although small claims court provides for a simplified method of settling legal matters, there are certain issues that are not appropriate for small claims court. For example, small claims court is not the proper setting when suing for libel, slander, name calling, or damage to one’s reputation.

There are some time limitations associated with filing claims in small claims court. These limitations may very from state to state. In Connecticut, for example, a person has six years to file a claim if the case is based on a written contract. If the claim is based on a verbal agreement, however, a Connecticut resident only has three years to file in small claims court. Since these limitations will vary by state, it is important to look into the laws within the state before filing such a claim.

Filing a claim in small claims court is a simple process regardless of the state in which the person resides. Typically, filing a claim requires paying a small fee of less than $40. This payment is due to the court clerk and is added to the judgment if the person wins his or her case. Most small claims courts will accept payment by check, money order, and by credit card when paying in person and using a photo ID.

The article above represents the thoughts and opinions of the author and does not represent in any way the official position of LegaCPU.com Inc.