Small Claims

Small Claims Court allows a person to sue for money damages up to $5,000.00 plus costs. Two main advantages to small claims court are that (1) participants generally do not need an attorney, however, may choose to use one, and (2) simple rules of evidence are used instead of complex rules.  Two disadvantages are (1) there is no recorded transcript of the trial, and (2) there is no right to appeal the decision. 

Small Claims cases include back rent; return of security deposit; broken or damaged property; unpaid claims; motor vehicle accidents; breach of a written or verbal contract; doctor/hospital bills for medical treatment; other claims asking for $5,000.00 or less.

One may not use Small Claims Court for cases involving libel or slander; defamation; or any claims asking for more than $5,000.00 unless authorized by law.

Starting a small claims case

A Small Claims suit is started the same as any other case; by serving notice and complaint upon the defendant. Methods of service and actual forms are different than regular civil suits. The cost to file is $95.00 and that is recoverable if you are successful.

Individual plaintiffs may file in the court handling small claims matters for the city or town: (1) where he/she lives, (2) where the defendant lives or where the defendant’s business is located, or (3) where the transaction or injury occurred.

Landlord-tenant matters must be filed in the housing session where the property is located. If there is no housing session for the location where the property is located, you must file in the judicial district where the property is located.

The Small Claims Writ and Notice of Suit must be returned to the court not later than 1 month after the date of service. The clerk will then set an answer date for the defendant(s) to reply to the complaint, create a docket number and send an answer form to each defendant at the address provided by the plaintiff.

If the defendant fails to answer the complaint, the plaintiff may be entitled to a default judgment. If the defendant answers, a hearing date will be set by the clerk and the parties will go to court on that date to be heard.

If you win your case, you may request that the clerk issue an execution. An execution authorizes you to hire a state marshal to attach the defendant’s wages, personal property or bank account.

Need Help but Don’t Want to Hire an Attorney?

Hiring an attorney to take on your small claims case can be unattainable for some, but that doesn’t mean they can’t get legal guidance from one. Apex Law Firm offers legal consulting which will allow us to review your case, provide extensive research, prepare evidence, and offer legal guidance for you to ensure the best course of action in your situation. Legal consulting will come at a flat fee but is not legal representation and he/she will be representing themselves in court. Our aim is to provide professional legal guidance and even help individuals learn the proper course of action for similar situations in their future. If you have a Small Claims matter and are not looking for legal representation but may be seeking some professional guidance, call Apex Law Firm today to schedule your consultation to get you on the right path.