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Who can sue in small claims court?As long as you are 18 years of age, of sound mind and body, and you’re suing on your own claim, you can bring a case in small claims court. If you are a minor under 18 years of age, your complaint must be filed by a parent or guardian. If a claim is being filed on behalf of an association or other entity that’s not a natural person, a regular employee of the entity must act on the entity’s behalf. The courts prefer the employee to have firsthand knowledge of the issue in dispute.
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What types of cases are heard in small claims court?The following are a few of the categories that your case could come under. Keep in mind that not every small claims court in every state allows for these issues. Some states may in fact specifically prohibit some of these types of cases. Please refer to LegalCPU’s Individual State Small Claims Summaries [link to document] section for additional information:
•Breach of contract: you were promised money or another form of reward that you did not receive, even though you held up your side of the bargain.
•Intentional harm: Someone purposely libeled or slandered you (said something false about you that hurt your reputation. Because the kids down the street "tee-peed" your house, you had to hire a specialty cleaning crew to remove the paper.
•Bad debt: A business or person owes you money and will not pay you.
•Personal injury: You have been physically injured in an accident—automobile, slip and fall, an elbow to the eye, etc.—caused by the other party.
•Product liability: A product you purchased does not work.
•Failure to return a security deposit: You moved out of a rented space and the landlord won’t give you back your security deposit or wants to deduct costs he or she has no right to deduct.
•Professional malpractice: You accountant made a mistake that caused you to lose money or otherwise harm your business.
•Public or private nuisance: The local Nazi party gathers to play German military songs —loudly— every afternoon in the neighborhood park and you fear your safety is at risk. Your neighbor insists on storing his garbage cans across from your bedroom window, where you not only can see but smell them.
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Do I have a solid small claims case? Determining the strength of your case involves your ability to prove that you’re in the right. Proving your case involves being prepared with a good argument, having indisputable evidence, and possibly having a witness who can corroborate your story. In some instances, you must also show that you attempted in good faith to settle the case before it got to the hearing stage.
The adage of "show not tell" applies to small claims cases. You can’t just argue why you think you should win. You have to support your case with facts, evidence and (if possible) the testimony of others who bolster your side of the story. If you have all three of these elements, you’re in the best situation you can possibly be in for winning your case.
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Do I need a lawyer for my small claims action?Small claims court, often referred to as the people’s court, almost always establishes a more informal atmosphere and a more relaxed procedure than higher courts. Most small claims plaintiffs represent themselves. Some states prohibit lawyers in small claims, but a surprising number of states allow the parties to be represented. In many states, being represented by an attorney is required for a collection agency or a corporation. If one party has an attorney, the other party is usually allowed an attorney to level the playing field. For a comprehensive overview of how to present yourself effectively in small claims court, please see Section J above of the LegalCPU A to Z Small Claims Learning Center.
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How do I determine the amount I should sue for?You can sue for the amount you are owed up to the court’s maximum amount, exclusive of filing fees, service fees and other costs, for your state. If you win, the judgment in most cases allow for your reimbursement of these expenditures. In certain cases, limits do not apply. In special instances, you are allowed to ask for triple damages. Please refer to Section D above and the chart listing the dollar amount limit of each state for a small claims case.
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In which small claims court do I file my claim?Jurisdiction informs the filing of a small claim case—and vice versa. The rule of thumb is the court in closest physical proximity to where the incident or accident occurred or where the nature of the problem arose is the court of proper venue. If, for example, you live in the northern party of your county, but the auto accident in which you were involved happened (in the same county) forty miles south, then you would file your suit in the court that has jurisdiction over the southern section of the county. If you purchased goods or services via the Internet, by mail or over the telephone, the court nearest where you live or work typically claims jurisdiction because work or home is where your part of the transaction took place.
- Overview
- Process
- Prices
- Before suing
Small Claims Overview:
You’ve tried being polite. You’ve made an effort to have a reasonable discussion of the matter in contention. Now it’s time to turn your dispute into dollars! If you believe that a person or a business owes you money but the individual or company will not pay or settle the dispute to your satisfaction, it’s possible to get your money by filing a small claims case.Whether it's having your car repaired, getting back your security deposit when you move out of your apartment, or compelling an individual or business to pay the money you’re owed, pursuing a small claims case is an effective way to recover — as long as you have a good case and meet the maximum dollar limits and statute requirements.
At LegalCPU, our experts personally handle your small claims filing, privately and confidentially. We double check the information you provide us, prepare your complaint, complete all other necessary legal forms, determine your jurisdiction, file the complaint, pay all court fees and serve the defendant (serving availability & cost varies depending on location).
Don’t waste time with confusing forms and complicated filing. With LegalCPU.com you’ll save time, money and unnecessary attorney’s fee. Team members are standing by at 866-662-5467 to fill out, file and serve your small claims action. Just provide us with some basic online information and we’ll do the rest!
Small Claims - How it works:
LegalCPU has taken the hassle out of the small claims process with our 3 Easy Steps...
Information:
Start by filling out a precise online questionnaire developed by our staff of legal advisors. Part of the LegalCPU guarantee is that our professionals handle every order personally and that your data remains confidential. Our online questionnaire is free, safe & secure! You can save your work & return to it at any time. You may also call us toll free at 866-662-5467. Preparation:
As soon as we receive your completed questionnaire, the experts at LegalCPU perform a thorough review of your information—including a check for accuracy to make sure that nothing has been overlooked. We then prepare your complaint, complete all other necessary legal forms, determine your jurisdiction, file the complaint, pay all court fees and serve the defendant (serving availability & cost varies depending on location). Completion:
After we file your complaint and receive notice of your hearing date from the court, we’ll notify you as soon as possible. In the meantime, all you have to do is sit back and let the specialists at LegalCPU take care of everything.
Remember that you must personally appear in court on your hearing date. Representatives of LegalCPU cannot appear on your behalf. For tips on how you can best present yourself in the courtroom, see our Education Center.
The good news is that if you win your case, the court may order reimbursement of ALL COSTS & FEES. It’s possible that this package could end up costing you nothing!
Small Claims Prices:
Before you sue someone in small claims court,
- You should send him or her a demand letter asking for the money and give them a reasonable time to respond. If they don’t respond, you can file your small claims lawsuit.
- As an individual plaintiff, you can sue another person or company and ask up to $7500.00. If you are a company, you can only ask for up to $5000.00. You can only file 2 claims in a calendar year and ask for more than $2500.00, but you can sue as many times as you want and ask up to $2500.00. (California figures)
Just click get started button and fill out the questions and our trained staff will prepare a small claims lawsuit and file it with the proper court!
Complete our simple online questionnaire.
LegalCPU reviews your answers, prepares your small claims documents and files them with the appropriate court.
You receive your detailed case package in the mail.
LegalCPU reviews your answers, prepares your small claims documents and files them with the appropriate court.
You receive your detailed case package in the mail.
3 Easy Steps
Our Education Center allows you to access the information you need to make informed decisions.
Education Center...
Education Center...