SMALLCLAIMS.COM Small Claims Court Information

Thinking Of Filing A Small Claims?

Don’t rush off to court! First learn all there is about filing a small claim against someone and don’t waste your precious time!

 

Smallclaims.com

Your source for all things Small Claims and Small Claims Court related.

 

SmallClaims.Com

Smallclaims.com Is Your Information Guide To Filing A Small Claims Court Case.

Most states have different rules and maximum amounts you can sue for as detailed below. Please review all the information before filing your small claims case.

 

 

 

 

            

            
            

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

            

 

 

 

            

            

 

 

 

 

 

 

            

 

            

 

 

 

 

 

 

 

            

 

 

 

 

 

 

            

 

 

 

 

 

            

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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SmallClaims.com is not a law firm and does not render legal advice. Legal information is not to be misconstrued with legal advice.  Please consult with your legal representation if necessary. If needed,  SmallClaims.com can offer referrals.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                Most Asked Questions Regarding Filing A Small Claims:

 

If you receive an order to appear in court at a small claims hearing this means you are being sued. If you do not know the reason for this law suit then contact the plaintiff right away for an explanation. Don’t ever ignore an order to appear in court! If you think you are wrongly named in the law suit you can write to the court to explain. You can also explain this at the hearing date.

· What if I am sued in Small Claims court?

There are times where it simply does not make sense to file a claim. Before you file you should consider the following:
- Is the amount of the claim worth your time to pursue?
- Does the person you have a claim against have any possible claim against you?
- Does the person you have a claim against have the ability to pay if you win?
- Do you feel you have the ability to prosecute the claim without the help of an attorney?
- Can your evidence convince a judge that you are in the right? In other words, are you making it easy for them, is it a clear cut case? Are you find any state statute, law or code violation to validate your case? If so, point this out!

· Does it make sense to file a small claims case?

· What is the maximum amount I can file in a Small Claims case?

This varies by state. Scroll down below and check your state for the maximum amount you can sue for.

· Is there a trial in a Small Claims case?

There are no trials by jury in small claims. A judge will listen to the case and decide.

· How much time do I have to sue in a Small Claims  court?

According to the statute of limitations, and individual has up to 6 years to file a small claims lawsuit if the claims involved a written agreement. Typically 3 years if it was an oral agreement.
*Courts may vary. Please check with your specific court house.

· What if the other person does not show up?

If the other person does not show up the court can decide the case without them there. It is also possible for the other side to lose the case by default and a default judgment can be issued against them.

· What happens if I win?

If you win you are entitled to the amount grated by the judge. The losing party may voluntarily pay or it may become necessary to get the court to award a judgment.

· What happens if I lose?

If you lose you may have to pay the other sides costs and expenses (not including lawyers fees)

· How long does it take to learn if I win or lose?

The decision by the judge or arbitrator can vary court to court. In some instances you may get your decision at the end of the hearing. Often you will get your decision sent to you by mail.

· How do I present evidence in the Small Claims case?

Presenting evidence is very important in proving your case to the judge or arbitrator. You want to make you case as simple as possible and clear that you are in the right. Keeping things simple and speaking as little as possible is generally preferred.

· What type of cases do Small Claims courts typically hear?

These types of cases are generally heard in Small    Claims courts:
           -Unpaid debts
           -Breach of verbal or written contract
           -Back rent
           -Return of security deposit
           -Broken or damaged property
           -Doctor or hospital bills
           -Other issues valued at $5000 or less (check your state below as this varies state to state)

· How much can I sue for in a Small Claims case?

How much can I sue for in a Small Claims case?

· How much can I sue for in a Small Claims case?

Look up your state below to see the maximum amount you can sue for in your state.

Alabama Small Claims Limit:          $3,000
Alaska Small Claims Limit:             $10,000
Arizona Small Claims Limit:           $2,500
Arkansas Small Claims Limit:         $5,000
California Small Claims Limit:        $7,500
(except that a plaintiff may not file  a claim over $2500 more than twice a year and plaintiff must be an individual (limit local public entity or for businesses is $5000)
Colorado Small Claims Limit:         $7,500
Connecticut Small Claims Limit:     $5,000
(except landlord-tenant security deposits)
Delaware Small Claims Limit:         $15,000
DC Small Claims Limit:                   $5,000
Florida Small Claims Limit:             $5,000
Georgia Small Claims Limit:           $15,000
Hawaii Small Claims Limit:             $3,500
(no limit in landlord-tenant residential security deposit cases. For return of leased or rented personal property, the property must not be worth more than $3,500.
Idaho Small Claims Limit:                $5,000
Illinois Small Claims Limit:              $10,000
Indiana Small Claims Limit:             $6,000
Iowa Small Claims Limit:                 $5,000
Kansas Small Claims Limit:             $4,000
Kentucky Small Claims Limit:         $1,500
Louisiana Small Claims Limit:        $3,000
(city court) $5000 (justice of the peace, no limit on eviction cases)
Maine Small Claims Limit:               $6,000
Maryland Small Claims Limit:         $5,000
Massachusetts Small Claims Limit:  $2,000
(no limit on for property damage caused by motor vehicle)
Michigan Small Claims Limit:         $3,000
Minnesota Small Claims Limit:        $7,500
($4,000 for claims based on a personal or household consumer credit transaction)
Mississippi Small Claims Limit:       $3,500
Missouri Small Claims Limit:          $3,000
Montana Small Claims Limit:          $3,000
Nebraska Small Claims Limit:         $2,700
(next increase will be 7/1/2010)
Nevada Small Claims Limit:             $5,000
New Hampshire Small Claims Limit:$7,500
New Jersey Small Claims Limit:      $3,000
($5,000 pertaining to security deposits)
New Mexico Small Claims Limit:     $10,000
New York Small Claims Limit:        $5,000
($3,000 in town and village courts)
North Carolina Small Claims Limit: $5,000
North Dakota Small Claims Limit:   $10,000
Ohio Small Claims Limit:                 $3,000
Oklahoma Small Claims Limit:        $6,000
Oregon Small Claims Limit:             $7,500
Pennsylvania Small Claims Limit:   $8,000
($10,000 in Philadelphia)

Rhode Island Small Claims Limit:    $2,500
South Carolina Small Claims Limit:$7,500
South Dakota Small Claims Limit:   $12,000
Tennessee Small Claims Limit:       $25,000
(no limit on eviction suits or suits to recover personal property)
Texas Small Claims Limit:               $10,000
Utah Small Claims Limit:                 $10,000
Vermont Small Claims Limit:          $5,000
Virginia Small Claims Limit:           $5,000
Washington Small Claims Limit:     $5,000
West Virginia Small Claims Limit:   $5,000
Wisconsin Small Claims Limit:        $5,000
(no limit on eviction suits)
Wyoming Small Claims Limit:         $5,000

*Check your states small claims website for any changes, rules or exclusions