Category Archives: Autauga
Autauga County Courts
Autauga County Small Claims Business Information
Making a claim
If someone owes you money and you cannot settle things in any other way, you may decide to issue a claim through the county court. People also issue claims for other reasons, including:
County courts deal with all these types of claim. You will sometimes hear people talk about the ‘small claims court’. What they really mean is the special procedure for handling smaller claims in a county court.
Going to court should always be the last resort. There are now a number of other ways of sorting out complaints, disputes and legal problems without court action, including arbitration, mediation andombudsmen schemes These are often called alternative dispute resolution (ADR) schemes.
Court rules require you to think about whether alternative dispute resolution is a better way to reach an agreement before going to court.
Some claims can be made online using Money Claim Online
There are time restrictions for issuing claims. If you have delayed issuing proceedings for any reason, you may wish to seek legal advice before issuing your claim.
If you wish to proceed with a claim, or wish to defend a claim the following leaflets are available:
Small Claims Court
Does someone owe you money? Has your landlord failed to return your security deposit even though you did not damage the rental property? Did you pay for merchandise, but the store never delivered it and won’t give you a refund? You may want to consider bringing a lawsuit in small claims court. You may not need a lawyer and the rules are simpler than in most court proceedings.
Small claims court is under the jurisdiction of the Clerks of Courts Act (705 ILCS par. 90) and Supreme Court Rule 282. Fees are based on the population of the county and designated by county boards.
Who May Sue?
Any individual or corporation doing business in Illinois can sue or be sued in small claims court. The court may require the appointment of a guardian for those under 18 years of age.
What Types Of Cases Are Handled In Small Claims Court?
Small claims court may be used only for certain types of cases. For example:
Is an Attorney Required?
In small claims court you can handle your personal or business legal matters without an attorney; however, you can hire an attorney to represent you if you wish. If the other party has an attorney, your chances of winning might be better if you also have an attorney.
Completing the Forms
Eight Step Process
After completing the forms, they must be filed with the court. You will be charged a filing fee which differs from county to county. The filing fee must be paid in advance.
Preparing Your Case
In preparing your case, keep in mind that your proof must be more convincing than the other side’s evidence. Consider the following:
Going To Court
After your claim is filed, the court will probably set a date to review the facts in your case. Many small claims court cases are settled at this time, so come prepared to argue your case. All cases are heard by a circuit court judge and will be decided by the judge if both parties cannot reach an agreement.
Collecting the Judgment