The time comes when you don’t just want to claim in small claims court – you need to. If you need to seek compensation for an injury from a business or individual, you can do so in small claims court.
But what is a small claims court, how do you use it, and what should you expect when you make a claim?
Keep reading as we discuss and outline the main things you need to know before filing a claim in small claims court. This information could help you to decide whether pursuing legal action is the right course for you.
Photo by EKATERINA BOLOVTSOVA
What Is a Small Claims Court?
Taking litigious action against a business or person can be highly time-consuming. For those who only have claims of minor significance against another company or person, it can be highly unappealing to consider making a claim. If many people were to avoid making claims, it would allow individuals and businesses to keep making minor offenses without being brought to justice.
So, to help individuals get the compensation they deserve and to ensure that all businesses and individuals are held accountable, there is a small claims court. In small claims court, a person can make a claim quickly and receive a verdict quickly. The case is presented before a small claims court judge, and there is a way to seek compensation without devoting time and money.
Anyone can access a small claims court. For instance, a real estate dispute that is brought forward with the assistance of an experienced tenant eviction lawyer can be resolved efficiently here. Furthermore, with the help of small claims services, the process is now more straightforward. Keep reading as we discuss how to use the small claims court and the available support.
How To Use The Small Claims Court
Before you make any claim in small claims court, you must first write a letter. In this letter, you should provide your personal information, details of the incident, the compensation you expect, and a deadline for the response.
If you do not get a response to this letter, you are within your rights to settle the disagreement in court.
Please note that the person or business you claim against is within their rights to make a counterclaim.
If you do not get a response to this letter or are unhappy with the answer you have received, you are within your rights to file a claim against them. You can do this by filling in a small claims form with your local small court service – you can do this by post or online.
Please note that you cannot use the small claims court to claim if:
- Your case is related to family law, criminal law, name changes, bankruptcy, or probate law.
- Your case is regarding serious and grievous personal injury.
- You are claiming over $10,000.
If the above applies to your case, you will not be eligible to file a claim with small claims court and must use other legal services.
However, you are entitled to use small claims court for the following:
- Minor personal injury claims.
- Breach of contract claims.
- Debt collection and loan repayment.
- Allegations linked to property damage and security deposits.
- Professional negligence claims.
- Allegations linked to eviction or unlawful eviction.
- Libel or slander claims.
- False arrest claims.
- Countersuits for any of the above claims.
If the above applies to your case, you can make your claim in small claims court.
What To Expect In Small Claims Court
When you submit your claim in small claims court, you will have a short hearing to determine whether the judge rules in favor of the plaintiff (you, the person making a claim) and the defendant (the person you are claiming against).
The hearing will not be lengthy, and it’s best to seek legal assistance for your time in court. You are unfamiliar with judges and the kind of language that persuades and wins over a judge – a lawyer is not. They will be able to argue your side of the case more effectively, and you’ll be more likely to win your case.
If you do represent yourself, it’s important to remember to be respectful and to constantly draw attention to the injury that has been dealt to you by the defendant, along with the evidence of said injury.
The judge may not rule in your favor or make a ruling that offers you less compensation than you feel entitled to. Or, if the defendant makes a counterclaim, this could result in you owing them payment.
All in all, it’s essential to know why you’re making a claim and whether it’s worth your time before making it.
Summary
Small claims court is a great way to settle disputes and hold businesses and individuals accountable for their actions. Should you need to claim against someone, consider the benefits of delegating the paperwork and expertise to a legal professional. They will be much more likely to persuade the judge, and you won’t need to devote as much time to make a claim.