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 Small Claims The Purpose of Small Claims Court Small Claims Court is designed to provide a forum for individuals and small businesses to litigate small disputes without the need to retain a lawyer.Generally a judge presides and allows each party to present the evidence which they have against the other party or parties. After making the presentation, the judge will then decide in favor of one side or the other, in most cases. Jurisdictional Limits There are three basic requirements for bringing an action in the Small Claims Court. First, the party suing (known as the Plaintiff) must sue in the Small Claims Court where the party being sued (known as the defendant) resides, or where the alleged problem occurred. Also, the plaintiff must be the aggrieved party, or represent the person aggrieved in some legal capacity, such as a Power of Attorney, Executor, or Conservator. Second, the amount of damages must be limited to a certain dollar figure, for example $2,500 Damages beyond this amount will generally not be recoverable. Third, there must be an actual controversy or dispute. A plaintiff bringing an action to sue for a future event will have his/her case dismissed. For example, if your neighbor tells you he will tear down your fence next month, you cannot sue until the act is performed, i.e., he tears down the fence. (It should be noted that such a person could sue, if the person could prove to a judge that the damages would not be measurable in monetary terms, and that the harm is immediate. A lawyer should be consulted in these instances, to determine whether a Temporary Restraining Order can be obtained.) Types of Actions The most common types of legal actions brought in Small Claims Court are contract disputes and property damage claims, although other types of claims can be brought in the Small Claims Court. These types of actions range in kind from warranty disputes, mechanic repairs, construction problems, credit and billing disputes, damage to a person or property, minor insurance claims, and related claims, so long as the actual damages suffered are less than the amount of the Jurisdictional Limit. The Small Claims Court clerk can discuss this limitation with you. Certain types of actions may not be permitted to be brought in Small Claims Court. These include divorce, child custody, probates, Conservatorship and more complicated legal matters. OTHER LIMITATIONS Certain other limitations will prevent you from winning your case in the Small Claims Court. These include:
Statute of Limitations. Each state specifies the time during which an action may be brought to court, so as to preserve evidence and to give people an expectation after the expiration of a specific period of time that they will not be sued. These Statutes of Limitations vary by state, but usually follow some pattern, such as one year in personal injury cases and four years in written contract disputes. You may wish to consult with a lawyer as to your claim and the appropriate Statute of Limitations. However, the Statute of Limitations is an affirmative defense, and usually must be raised by the defendant. Statute of Frauds. Each state specifies certain limitations on specific types of contracts. For example, real estate agreements must usually be in writing, and no oral agreements will be permitted with respect to such transactions. (As always, the law will sometimes permit evidence of oral agreement, but to be absolutely safe, obtain all representations, offers, and agreements in writing for real estate contracts.) Also, certain states require that oral contracts be in writing if the amount of the contract is more than a certain amount, for example $500.00. These are complicated issues and usually an attorney should be consulted. Punitive Damages. Punitive damages are damage awards designed to punish certain intentional conduct by a defendant and set an example of that defendant. Many Small Claims Court judges are reluctant to make large punitive damage awards, because of the nature of the Small Claims Court. If you think you may have a good case for punitive damages, and they are likely to be awarded, it would be advisable to consult with your Plan Attorney to evaluate your claim. Remember, just because you are outraged by a person's conduct does not mean that this constitutes a punitive damage case. Your attorney will be able to provide some guidelines in this area. Stress Related Damages. Most states strictly limit the amount of damages that a person can recover for becoming upset by a legal problem. It is easy to understand why almost all legal problems are upsetting. There must be specific, identifiable medical treatment for such stress, in order to recover such stress-related damages in most cases. Again, this is an area that you should discuss with your Plan Attorney prior to bringing an action, to determine whether you can sue in Small Claims Court. Higher Courts: Municipal and Superior Courts If your case has actual damages over the Jurisdictional Limit, you should definitely consider bringing your lawsuit in either Municipal or Superior Court, depending upon the type of case and the amount of damages which you have sustained. Most states allow a person to represent themselves in any case. In Small Claims Court, where the evidence and discovery rules are strictly enforced, any person not familiar with these rules runs a serious risk of having their entire action dismissed if these rules are not followed. Unless it is absolutely necessary, a person should not represent themselves in either of these forums. A lawyer understands the nature of the system, and can be of great assistance in these types of matters.You are advised to follow the steps in this guide to help prevent problems, rather than trying to represent yourself once a legal problem has arisen.
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