Small
Claims Court:
Small Claims court offers small businesses
the opportunity to resolve legal disputes when they can't be
resolved through mediation. There is a dollar amount
limitation to bringing a case to the Small Claims Court.
Dollar limits range from $2,500 to $25,000 depending on the
state.
Small Claims Court
dollar limits. The judgment amount
that can be awarded is also limited.
In small claims court the individual filing
the charges is known as the Plaintiff and the individual
against whom a claim is filed is called the defendant.
In small claims court individuals can
represent themselves without a lawyer. However,
businesses must still be represented by a lawyer in
small-claims court. All claims filed in small claims
court will go to trial. If a defendant does not show
up and does not have a postponement a judgment will be
rendered against them and in favor of the plaintiff.
There is no trial by jury.
If
the losing party is ordered to pay they have an obligation
to pay. If they do not you can return to the court and
ask for the order to be enforced. Enforcement could
take the form of confiscating and selling the idividual's
property, wage garnishment, and ceasing money from bank
accounts or business cash register.
Small claims court action must be filed in
the county in which the party being sued resides. It
can also be filed where the contract was signed.
There are
staute of limitation on how long you
can wait to file a case. It varies by state. |