What Is Small Claims Court?
What exactly is a small claims court? Why would many people decide to choose to file their claims in a small claims court? Small claims court is a special court where disputes are resolved quickly and inexpensively. Before filling a case in a small claims court, the plaintiff, the person who flies the claim, should consider on whether going to a small claims court is the best way for him or her to resolve his or her disputes. Many people resolve their disputes by using other dispute resolution methods called mediation, which is a process for resolving disputes informally.
There is a website where one can obtain the form that he or she need to file a small claims suit against another person.
There are several steps to filing a Small Claims Case. Each of these steps ensures that a person who files case filed it correctly. The steps are:
Figure out how to name the defendant
When filing a small claims case, a plaintiff needs to find out exactly who the defendant (the person or business one is suing) is so one can name him or her correctly on one’s claim. It may seem like a simple issue, but it can be very complicated.
Ask for payment
Small claims cases require that a plaintiff asks the other side for payment before he goes to court. A plaintiff can ask in person, by phone, or in writing. If ask for the payment in writing, a plaintiff should bring a copy of it to his court hearing to show the judge.
Find the right court to file one’s claim
Fill out your court forms
File your Claim
After finishing one’s court forms, one must give his forms to the clerk of the court to file his small claims case.
Serve your Claim
Going to Court
In a small claim court, the case usually consists of a plaintiff telling his story with witnesses or documents supporting the claim for the judge to make a decision. There is a legal requirement to for small claims court, which is an assignee (a person or business that sues on behalf of another, such as a collection agency) cannot sue in small claims court. An individual can sue another individual or a business. A business, in turn, can sue an individual or another business.
One should file small claims in the small claims district closest to the defendant’s residence or headquarters. In some