What Is Small Claims Court?

Citizen's Guide: Small Claims Court - What Is Small Claims Court?

Details: Written by Joan E. Lisante

Page 2 of 7

"Small claims" divisions of local district, county or municipal courts have become just the ticket for those seeking truth, justice and replacement of those shrunken gray wool pants.

Think of small claims court as "Plaintiffs-R-Us" -- it's user-friendly (you'll get help filling out paperwork); filing fees are reasonable; and best of all, your claim can usually total several thousand dollars or more.

Okay, where's the courthouse?

Now that we're got your attention, back up briefly and ask yourself these two questions:

Do I have a case?
Can I settle it?

One important thing to determine is whether you have suffered any damage as a result of the other person's action or lack of action? Without damages, no matter how strong the principal is or how aggravating the incident, there's no lawsuit.

Filing a case in small claims court, while streamlined, is not your only option. Before driving to the clerk's office, make a sincere effort to resolve the problem. You can, of course, call or visit your opponent to discuss the facts, or simply send what's known as a "demand letter" to the other party.

Know My Rights

Know My Rights is a 501(c)(3) community-based educational nonprofit organization. Since 2007, we have worked to combat injustices and disparities in our nation's institutions of criminal and civil law by educating the public about their basic legal rights and responsibilities. To achieve our goals, we have developed and implemented the most comprehensive yet simple to understand legal education program anywhere.