How to file in small claims court with free court
forms and in-depth information about garnishment and judgment collection
actions!
File your own small claims court forms today using the free
information and forms provided here. Learn how to file small claims court
forms, who can file, the types of claims and amount of debt that can be handled
in small claims court plus, how to collect if you're awarded a small claims
court judgment. If you're a small claims court defendant, you'll learn how to
prepare your defense. We also explain the garnishment process and what income
is exempt from being garnished and how to claim these exemptions plus, how to
file a small claims court appeal.
Rules for Small Claims Court: Listed
by State Use these States rules to determine how much money money you
can win in Small Claims Court, where to file and how to serve the official
court papers.
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Small claims court is a quick, informal and lowcost way
to resolve disputes over money debts. The court considers and resolves
cases involving money debts only and the amount considered varies by State and
may range from a low of $2000 to a high of $15,000. (call your local court to
verify the amount).
Small Claims Court General Rules
- Attorney or other legal paraprofessionals are allowed in most states
however, they are almost never needed if you PREPARE!
- Claims cannot exceed state-specific dollar amounts;
- You cannot bring a claim on behalf of another person;
- Individuals, corporations, partnerships and associations can file a
claim in Small Claims Court BUT only if represented by a non-lawyer.
- Only the plaintiff, defendant, and witnesses can participate in a
small claims court trial (if the judge agrees, exceptions can be made)
NOTE: Small claims courts do not issue any order
requiring someone to do something or not do something, such as a restraining
order or an injunction.
Types of Claims that can be filed in Small Claims Court (these are just
a few examples)
- Damage to your *car or personal property by someone with no
insurance;
- You are owed money by someone who has failed to repay you;
- You are owed wages by someone who refuses to pay you;
- A tenant has failed to pay you rent;
- Landlord / Tenant problems (i.e. refusal to return deposits);
- You were sold defective merchandise and vendor refuses a
refund;
- A laundry/drycleaner lost or damaged your clothes but refuses
to pay to repair/replace your clothes;
- Car Repairs
- Purchased Used Car (New cars usually fall under Lemon Laws)
- Collecting Bad Debts
- Property damage
- Product and Warranty problems
Filing Fees Small Claims Court
There is is a small fee (national average is $20) for filing your
claim in small claims court. This is payable at the time you file the notice of
small claim forms either in person or by mail.
If you win, this fee is considered part of the costs to bring the
claim to court and is added to the judgment thus allowing you to recover the
fee from the defendant.
* Generally injuries to persons in a traffic
accident are not appropriate for Small Claims Court because medical bills
usually exceed the maximum amount allowed in small claims
court.
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