WHAT IS THE SMALL CLAIMS COURT?

The Small Claims Court is an informal court where individuals can sue for money only, up to $5,000 without a lawyer.

WHO CAN USE SMALL CLAIMS?

Anyone over 18 years of age can bring an action in Small Claims Court. If you are younger than 18, your parent or guardian may file the claim for you. Corporations, partnerships, associations, or assignees cannot sue in Small Claims Court, but they can be sued.

If you choose, you may be represented by an attorney at your own expense, but it is not necessary to have an attorney since Small Claims Court is meant to be a "people's court" where claims may be tried speedily, informally, and inexpensively.

WHERE ARE THE SMALL CLAIMS COURTS LOCATED?

All city courts have a Small Claims Part.

GEOGRAPHIC JURISDICTION:

You must bring the action in the County where the Defendant resides, works or has an office for the transaction of business at the time you start the action. 

MONETARY JURISDICTION:

Up to $5,000.00 (exclusive of interest and costs) - Money damages only.

MUST I KNOW THE DEFENDANT'S CORRECT NAME?

When filing a Small Claims case, the claimant must provide the name and address of the person or business being sued.

WHAT IS A COUNTERCLAIM?

Sometimes the defendant may have a claim against the claimant and may countersue the claimant in the same case. This is known as a "counterclaim" and it can be made for up to $5,000 in money damages.

The defendant is required to file his or her counterclaim with the court within five days of receiving your notice of claim and must pay the court a fee of $5.00 plus the cost of mailing the counterclaim to you.

WHAT DO I DO IF I WIN?

If the claimant wins, the court will enter a judgment for a sum of money. The court also may require the claimant to take certain action--for example, return damaged merchandise the defendant--before entering judgment.

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