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.

 

 

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