A civil court case is handled in small claims court, which is a smaller section of the Superior Court. An individual may file a complaint against another person if that person owes money from some prior agreement. Small claims court handles civil matters, and a lawsuit can be filed inexpensively and in a fast manner and without an attorney.
The amount of money in the matter being handled can not be more than three thousand dollars. In the case that the lawsuit is demanding return of a security deposit made by a tenant to a landlord, the maximum amount is five thousand dollars.
The plaintiff and the defendant are what the opposing sides are known as. The plaintiff is the person suing to collect a debt and the defendant is the party that owes the debt. Typical cases filed civilly are broken contracts, lost or damaged property, back payment for services rendered, damaged property due to a car accident, faulty merchandise from a manufacturer, past due rent or bad checks, down payments, or security deposits.
Some cases that can not be handled in this small claims court system include malpractice claims, child support or alimony claims in a domestic dispute, or probate matters. These lawsuits are lengthy and typically require hiring an attorney.
A person must be eighteen years or older to file a complaint or be represented by a legal guardian. After retrieving a complaint form, the plaintiff must provide personal information such as name, address, and phone number. The form must also state the amount of money and reason for which they are suing. The defendant then needs to be identified as a person, single proprietorship, partnership, or corporation. Once the form is completed, a trial date will be set.
Once a lawsuit is filed, there is a fifteen dollar fee due to sue one defendant. There will be an amount due of two dollars for each additional defendant. It will cost seven dollars to send the complaint to the defendant via certified U. S. Mail. These fees can be paid by check or money order.
Once a trial date is confirmed, both sides must be ready to present the facts of their case. A witness can accompany the plaintiff or the defendant and provide a testimony of their knowledge of the matter at hand. Each side may bring evidence such as void checks, photos, letters, contracts, receipts, statements, or any other documents that will assist their case. After hearing both arguments, the judge will rule that the defendant must pay the settled upon amount, or that the plaintiff is not entitled to payment.
Small claims court is designed for exactly what the name implies, which are small cases. It has established limits on monetary amounts, it does not require an attorney for either side, and cases are handled faster and in a civil manner. Lawsuits in a civil court setting can assist a person in successfully getting paid the money they deserve.
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