It is no secret that the expense of going to civil court, either as a plaintiff (the person filing the suit) or the defendant (the person defending against the suit) can exceed the sum of money you want to a sue for. You can expect to pay an attorney at least $150 dollars an hour on most civil proceedings. While this may sound high, please understand that attorneys have high overhead costs such support staff and office space. So, if you are like many people, the cost of going to regular civil court may have you seriously questioning if small claims court is where your case really belongs.
Before making your decision, you should have an understanding of how you may or may not benefit from using a small claims court.
The idea behind small claims court is to provide the average person access to the legal system without the cost of an attorney or the complicated legal procedures of a regular civil trial. Each state decides how small claims courts are to be run. However, despite variations, most small claims courts function in a similar fashion. For the purposes of this article, we will address some of the more common traits found in small claims courts throughout the United States.
Small claims courts are usually part of the county or city court system. A simple search on the internet will tell you where your small claims court is located.
Small claims court usually place a limit on the dollar amount that a person can be sued for. Depending upon the jurisdiction, the maximum dollar amount that you would be able to sue for is frequently between $2,500 and $10,000.
Often in small claims courts you must represent yourself. Usually, neither party is allowed to use an attorney unless both parties stipulate to the agreement. Furthermore, you cannot have someone who is not an attorney and not a party to the case represent you as that person would be considered to be practicing law without a license.
You may not be able to appeal the decision should the court rule against you either as a plaintiff or a defendant.
In some jurisdictions your case will be heard by a judge or justice of the peace. In other jurisdictions you may be in front of a person appointed by the court. Usually this person has a legal background and is knowledgeable regarding the law.
Many jurisdictions limit the time by which the case has to be resolved. For example, from the time of filing your complaint to the conclusion of the case there may be a limitation of 180 days. So, you need to make sure you have all your evidence and witnesses sorted out prior to filing your case.
You may be limited in what restitution you are allowed to seek. Most small claims courts limit you to your actual monetary losses, the cost of filing court documents and the cost to have the defendant served their court papers. Money for pain, suffering and the time you spent preparing the case are generally not something you can be compensated for.
Filing fees often range from a mere $50 to several hundred dollars.
Are you most interested in getting your money back or do you just want your day in court?
This is perhaps the most important question you need to ask yourself before filing a suit in small claims court. You need to realize that even though the procedures for filing a small claims suit are not overly complex, it still takes time to prepare and file the paperwork. Plan on at least one, but more likely several trips, to the court house to file paperwork and to have your day in court. Then, you will also have to make arrangements to have the defendant served their copy of the paperwork. While I’m certainly not advocating that your case is not worth the time and money to bring your case forward, just realize that if you decide to file a suit, you have committed yourself to going through the time and expense of a legal proceeding.
For example, suppose you hire a DJ to provide music for an anniversary party at the cost of $600. On the day of the event the DJ shows up very late, plays the wrong music, takes overly long breaks, doesn’t know how to operate the equipment, and appears to be intoxicated. You decide you are going to sue the DJ. You should plan several hours or more of time to identify the correct court, obtain the necessary forms, and then fully review and complete all the forms. You will need time to look for evidence (perhaps photographs or video) and identify and interview potential witnesses. Then consider the time it takes to go down to the courthouse to file the paperwork. You may get lucky and be able to file your case electronically. Once you file your suit, you must then arrange to have the defendant served their copy of the paperwork. Serving the defendant can usually be done by registered mail, the Sheriff’s department, a private process server or you may be able to serve the person the paperwork yourself. I don’t advocate serving the defendant the paperwork yourself as this creates a potentially volatile situation. Then you will have at least one court appearance to argue your case in front of a judge.
Is this amount of time and your out of pocket expenses worth getting back the $600 plus allowable expenses? This is where your emotions and your practicality have to come to some kind of an agreement. Sure, you are angry at the DJ because you didn’t get what you paid for. You have every right to be angry. But you have to weigh your emotions against how much more time and effort you want to put into the situation.
If you decided not to file a law suit that is okay. You’ve made an informed decision based upon what is involved in the process. Just realize that civil courts impose a limit on how long you have to file a law suit. Should you change your mind and want to file at a later date it may be too late.
If you decided to take the case to court and you lose, then you will most likely have to pay the defendant’s response filing fees. And, of course, you don’t get your $600 or your expense money paid.
If, however, you went to court and won your case fantastic. Now what happens?
Perhaps the biggest misconception that people have about winning a law suit is the courts role in making the defendant pay. When the plaintiff wins a lawsuit, the court issues an order called a judgment. The judgment is a ruling by the court which details who is owed money, who must pay the money and the amount of money to be paid. However, in the event the court rules in your favor, they will do almost nothing to make sure you actually get paid. Yes, you read that correctly. The courts are not a collection agency. In theory the defendant is supposed to pay the money at the time the court issues a judgment in your favor. However, it is actually between you and the defendant to arrange for payment just like any other debt.
If the defendant decides not to pay, you will have to engage in further legal proceedings such as obtaining a garnishment order or a hearing to discover the defendant’s assets. These procedures will mean a further toll on your time and more out of pocket expenses. While the amount you can recoup for your out of pocket legal expenses may be increased, the amount of the award, in the previous example the $600, cannot be increased.
As you can see small claims court does make the legal system far more accessible and cost effective for the average person, however it is not without its limitations. Sometimes it is absolutely the right decision to sue someone in small claims court. However, depending upon your situation, you might be better off to move on in life and forget about your loss, painful as that may be. Only you can decide if the time and expense of a civil suit is worth the effort.
