A Comprehensive Guide to Filing a Lawsuit in Small Claims Court
Minor claims don’t necessarily mean that you need to incur considerable expenses when filing a lawsuit. In other words, a simple problem can be resolved with a simple solution through a court settlement. You can then file your claim in small claims court, which is an inexpensive and reasonably fast alternative.
To ensure that you will prevail with your claim in small claims court, you need to have a deeper understanding of the process to be better prepared.
How to file in small claims court
The first thing you need to consider if you want to sue in small claims court is to know whether your claim is eligible and if it meets the small claims court jurisdictional requirements.
Every state in America has a maximum monetary limit, from $2,000 to $10,000. If your claim exceeds your state’s limit, then you will have to file your case in a higher court, such as Superior Court. If your claim exceeds the limit, you can waive the excess amount. This means that you will need to decide whether it will be worth it to sue for a smaller amount rather than incur substantial amounts of court expenses and attorney’s fees.
Where to file for small claims court
The proper venue for a lawsuit depends on several factors. For example, if you were involved in a vehicular accident, then you must file a claim in the county in which the accident happened or the defendant resides. Similarly, if you are going to file a lawsuit regarding a contract, the proper court must be in the county in which the contract was made.
How to file for small claims court
Once you have found the proper court for filing your claim, the next step you need to take is to fill out the appropriate paperwork with the court clerk. After filing, the clerk will schedule a hearing date. The defendant will also be notified by mail of your claim documents and a notice of the hearing.
After all of the documents have been served, you will need to file a “proof of service” with the court to inform the judge that the defendant has received proper notice of the date of hearing.
While waiting for the hearing date
Make sure that you have all the necessary documentation to support your claim. This includes letters, canceled checks, photographs, memos, contracts, and the like. Make several copies of the documents you want to show in court and organize them.
The next most important step you need to take when filing a lawsuit in small claims court is to seek help from a public adjuster who will write damage estimates and negotiate the insurance settlement on your behalf. One company you can always trust is the National Damage Appraisers. Contact them today by phone at 877-290-2929.
National Damage Appraisers
1 Stowell Ave.
Worcester, MA 01606
877-290-2929
774-239-0652
Info@NDA911.com
