Who Can File a Small Claim?
The small claims court can be used by any individual, partnership, association or corporation for civil claims that do not exceed $3,500. Small claims cases are simplified; therefore, lawyers are not allowed.
When Can a Small Claim be Filed?
People should try to settle their disputes and disagreements out of court whenever possible. If an agreement cannot be reached, a small claims complaint may be filed. The types of claims that can be filed in the small claims division include:
- money debts
- personal injury
- property damage
- Small claim suits cannot exceed $3,500.
- All cases are heard by a judge, there is no right to a jury trial
- The decision is final and binding on both parties, there is no right to appeal.
- Formal Rules of procedure do not apply. Procedures in small claims cases are intended to be simple enough for a person to file all the necessary forms and represent him/herself at an informal hearing.
- There are only two specific motions allowed by law in a small claims action:
- Motion for Change of Venue (Location
- Motion to Vacate a Judgment