NCJ Number
79974
Date Published
1981
Length
64 pages
Annotation
Written for persons without legal training, this manual offers information that individuals must know to effectively secure their rights in small claims court.
Abstract
Alternatives to small claims court are explained because in some instances, quicker, less expensive, and more effective methods for solving potential small claims cases exist. These alternatives include telephone calls and letters to the party responsible for the problem, help from consumer action agencies or trade associations, and the use of arbitration or dispute resolution centers. Money disputes are the best cases for small claims court. Monetary loss must be proven, and the party sued must be legally responsible. The judge will want to know if the defendant was negligent, committed the act intentionally, or broke a valid contract. If the act falls into one of these categories, and it is demonstrated that it caused the plaintiff's loss, the defendant is liable. Filing a small claims suit involves completion of a plaintiff's statement. Although the forms for plaintiff's statements vary among States, the same basic information always is required: the plaintiff's name, who is being sued, the reason for the suit, and the amount being sought in damages. A copy of the plaintiff's statement must be delivered to the defendant (termed 'serving the papers'). Each State prescribes a specific sequence of procedures to have the papers properly served on the defendant. The manual also discusses what to do if one is being sued in small claims court. A solid defense may be constructed by (1) arguing that the plaintiff's dollar claim is greatly exaggerated, (2) denying liability completely, or (3) denying liability and counterclaiming the plaintiff for damages. Another approach is to minimize losses by offering to settle out of court for an amount less than the plaintiff's claim. The manual discusses preparation of a case (collecting and planning a presentation), offers advice on the court appearance itself, and delineates factors to be considered in deciding whether to appeal a decision. Appendixes provide specific information about the rules of small claims courts in each State, list the names of alternative agencies to small claims courts, and list State consumer action agencies.