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Small Claims Court FAQ
Rules and strategies for bringing your dispute to small claims court.
Can any kind of case be resolved in small claims court?
Are there time limits in which a small claims court case must be filed?
How much can I sue for in small claims court?
Where should I file my small claims lawsuit?
What can I do to resolve my problem without going to small claims court?
Will I get paid if I win the lawsuit?
If I'm sued in small claims court but the other party is really at fault, can I countersue?
What should I do to prepare my small claims case?
What's the best way to present my small claims case to a judge?
Can I bring a lawyer to small claims court?
If I lose my case in small claims court, can I appeal?
Can any kind of case be resolved in small claims court?
No. Small claims courts primarily resolve small monetary disputes, and in a few states, evictions and restitution of property. No state allows you to use small claims court to file a divorce, guardianship, name change, or bankruptcy, or to ask for emergency relief (such as an injunction to stop someone from doing an illegal act). A few states also prohibit small claims suits based on libel, slander, false arrest, and a few other legal theories.
Are there time limits in which a small claims court case must be filed?
Yes. States establish rules called "statutes of limitations" that dictate how long you may wait to initiate a lawsuit after the event giving rise to the lawsuit occurs. Statutes of limitations rules apply to all courts, including small claims.
How much can I sue for in small claims court?
The limit is normally between $3,000 and $10,000, depending on your state. For instance, the maximum is $5,000 in New York, $7,500 in California, $7,500 in Minnesota, and $3,500 in Vermont. Recently, there has been a trend toward increasing small claims court limits.
Where should I file my small claims lawsuit?
Assuming the other party lives or does business in your state, rules normally require that you sue in the small claims court district closest to that person's residence or headquarters. In some instances, you also may be able to sue in the location (court district) where a contract was signed or a personal injury occurred (such as an auto accident). Check with your small claims clerk for detailed rules.
If a defendant has no contact with your state, you'll generally have to sue in the state where the defendant lives or does business. Because of the distance involved, out-of-state small claims lawsuits tend to be expensive and unwieldy.
What can I do to resolve my problem without going to small claims court?
If you want what's owed to you, but you don't want to take on the trouble of bringing a lawsuit, you have a couple of options to consider. First, make a demand in the form of a straightforward letter, concluding with the statement that you'll file in small claims court in ten days unless payment is promptly received.
In addition, many states offer community- or court-based mediation designed to help parties arrive at their own compromise settlement with the help of a neutral third party. Mediation works best where the parties have an interest in staying on good terms, as is generally the case with neighbors, family members or small business people who have done business together for many years. This type of dispute resolution can be remarkably successful.
Will I get paid if I win the lawsuit?
Not necessarily. The court may decide in your favor, but it won't handle collection for you. So before you sue, always ask, "Can I collect if I win?" If not, think twice before suing.
Ask yourself whether the person you're suing has a steady job, valuable real property, or investments. If so, it should be reasonably easy to collect by garnishing his wages if you win.
But some people and businesses are "judgment proof" -- that is, they have little money and few assets and aren't likely to acquire much in the foreseeable future. If they don't pay voluntarily, you may have a hard time collecting your judgement. For people who seem to have no job or assets, ask whether they are likely to be more solvent in the future, since court judgments are good for 10 to 20 years in many states and can usually be renewed for longer periods. You'll want to consider now whether the person might inherit money, graduate from college and get a good job, or otherwise have an economic turn-around sometime down the road.