NCJ Number
84359
Date Published
1980
Length
7 pages
Annotation
A lawyer who served as a pro tem judge in a small claims court explains the advantages and basic procedures of such courts and illustrates the discussion with a case involving a dispute over a rental deposit.
Abstract
Small claims courts in different States generally vary in detail rather than in their basic nature. Among advantages of such courts are the speed with which disputes are heard, the absence of complicated language or rules of evidence, and citizens' ability to represent themselves rather than paying a lawyer. Before filing suit, persons should consider the legal merits of their case, the availability of such proof as documents or photographs, and the possibility of recovering the money if the suit is won. The first step in using the court is to become familiar with rules regarding the maximum amount for which a suit may be brought, how court papers are served, where to sue, and the filing fee. Most small claims courts also require that a written demand be made on the opposing party before a case is filed in court. Preparation of the case is crucial to the outcome. Documents, photographs, receipts, and other materials should be gathered. Persons bringing suit should avoid the theatrical tactics portrayed in movies and should simply explain their version of the facts to the judge. Methods such as attaching the person's wages or bank accounts are available for collecting a judgment.