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What Types of Cases Can Be Resolved in Small Claims Court?
Thinking about taking someone to small claims court? This article helps you determine whether your case is eligible.
Small claims courts primarily resolve relatively small monetary disputes (usually between $2,500 and $7,500, depending on the state). Common types of claims involve failure to repay a loan, fix a car or appliance properly, or meet the terms of a service contract -- for example, properly remodel a kitchen or install a new roof.
In a few states, small claims courts may also rule on a limited range of other types of legal disputes, such as evictions or requests for the return of an item of property (called "restitution" in legal jargon). But no matter where you live, you cannot 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.
When it comes to disputes involving money, you can usually file in small claims court based on any legal theory that is allowed in any other court -- for example, breach of contract, personal injury, intentional harm or breach of warranty. Thus if you buy an expensive new "all weather tent" and it leaks the first time you're out in a storm, you have the basics for a valid small claims suit based on breach of warranty. However, a few states do limit or prohibit a few types of cases from being filed in small claims court. Most likely "no-no's" include suits based on libel, slander and false arrest.
Finally, suits against the federal government, a federal agency or even against a federal employee for actions relating to his or her employment cannot be brought in small claims court. Suits against the federal government normally must be filed in a federal District Court or other federal court, such as Tax Court or the Court of Claims. Unfortunately, there are no federal small claims procedures available except in federal Tax Court.
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