Suing in Small Claims Court

Filing in small claims court means you are your own lawyer.  If you feel someone owes you money but you do not want to hire a lawyer, then small claims court is the place to try to get what you feel is owed to you.  Suits in small claims court, however, involve relatively small amounts of money.  These maximum recoverable amounts are set by state law and are usually not more than a few thousand dollars.

Small claims court is fairly informal and simplifies the judicial process.   The time from the date you file a claim to the trial date is usually relatively short, perhaps a few weeks.  Lawyers are not allowed in small claims court, so whether you are the plaintiff (the one who files the claim) or the defendant (the one against whom the claim is filed), you must be prepared to present your own case and evidence to the judge.

If you are the plaintiff, keep in mind that all states have statutes of limitations that govern the type of case you may have.  This just means that you have a certain amount of time in which to file a claim against someone, perhaps six months, perhaps a year.   If you wait too long, you may forever lose your right to sue that person.

To find out how long you have to sue and what the maximum amount is that you can recover in your state, contact the small claims court clerk in the county in which you reside.  If you need help preparing a case or defending yourself against a claim, contact a lawyer.  He cannot go into court with you, but he can give guidance, tips and tactics to help you win your case.