How to Understand Which Types of Cases You Can Bring to Small Claims Court

Posted by Anonymous , 9/5/2007 Tags:UnderstandTypesCasesBringSmallClaimsCourt
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How to Understand Which Types of Cases You Can Bring to Small Claims Court

Introduction

Small claims court may be a less inexpensive venue for resolving legal disputes, but it is not suitable for every case. It does allow consumers and small businesses a less formal way to sue, but before you do, you must understand which types of cases can be handled by small claims court.

Instructions

Difficulty: Easy

Understand the Types of Cases Small Claims Court Can Handle

Steps

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Step One

Check with your state court about the monetary limits for a suit small claims court, which range from $1,500 to $15,000 depending on where you live. The National Center for State Courts maintains links to courts in almost every jurisdiction in their "Small Claims State Links" section (see Resources below).
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Step Two

Visit the Nolo Web site to learn more about different types of legal disputes and how best to handle them (see Resources below). The "Rights & Disputes" section deals with many common legal problems that could end up in small claims court.
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Step Three

Speak to a county clerk, deputy court clerk or small claims advisor available in your area. They are there to help you understand the small claims process and help you bring the case to court if necessary. They know exactly which types of cases should be filed in small claims and which should be filed in civil court.
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Step Four

Find others in similar situations. Besides offering small claims court information, Lawyers.com provides message boards and help finding a lawyer (see Resources below). The message boards are a great way to connect with people who have sued in small claims or are going through the same type of claim as you.
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Step Five

Make sure that the suit you wish to bring to small claims court is within the time limits, or statute of limitations, for that type of claim. Each state has its own laws regarding when a suit must be filed.

Overall Tips & Warnings

  • In most states, any claim based on a monetary value can be filed in small claims, while cases based on legal theory must be filed in civil or criminal court.
  • Don't bring a case to small claims court simply because it is easier. In many states, you give up your rights to appeal or file other claims related to the same case. Be sure to check with the court before you file.

Overall Things You'll Need

  • Computer with Internet access
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