Classifying A Claim In Civil Claims Court

Small claims court is one section of the Superior Court where a person can sue another person for an amount of money that is owed to them. Cases in this type of system are simpler than others, so they may be filed quickly and do not require the presence of attorneys.

These courts handle cases in which the amount in question is less than three thousand dollars, or five thousand dollars in a case where money owed is a security deposit made by a tenant. If the amount of money in demand exceeds either of these amounts, the case needs to be filed elsewhere.

Lawsuits include the plaintiff which is the person demanding recovery of payment, and the defendant which is the person that owes the money. Civil cases generally include a breach of contract, return of money used for a down payment, loss of or damage to personal property, complaints by a consumer for faulty merchandise, payment for work performed, claims for late rent or faulty checks, and return of a security deposit.

More extensive cases that can not be filed civilly include professional malpractice claims, claims for support or alimony in a marital or domestic disagreement, or claims stemming from a probate matter. Cases like this take more time, require the presence of an attorney, and are expensive.

To file a civil complaint, the plaintiff must be at least eighteen years old or have a parent or guardian file it for them. A complaint form must provide full name, address, and telephone number of the plaintiff, the amount of money being demanded and reason for suing the defendant. The defendant information must also be completed and identify an individual, partnership, sole proprietorship, or corporation. Upon completion and return of the form, both parties will be notified of a trial date.

The fee to file a complaint is fifteen dollars if there is one defendant being sued. If there are additional defendants in the case, the fee is two dollars for each one. If the defendant will be served by certified mail, that fee is seven dollars. Checks or money orders must be made payable to the treasurer of the state the claim is being filed.

After receiving a trial date, the plaintiff and defendant must prepare to present their cases. A witness may accompany either side and provide testimonies of their knowledge of the incident. Other evidence can be cancelled checks, receipts, bills, contracts, leases, letters, photographs, or any other documents that would help prove the facts. After evidence is presented, the judge will make a final ruling either in favor of the plaintiff, where the defendant must pay the amount owed, or in favor of the defendant, where the plaintiff is entitled to nothing.

The main purpose of small claims court is to settle small matters. There are limits to the amount of money that can be sued for in this court, a lawyer is not required, and it provides quicker trials than those held in higher court systems. Civil court can be the necessary and successful step in collecting a debt stemming from a dispute.