Small claims court involves a party over the age of 18 that files a claim for a small amount of money. The amount of money involved varies from state to state, in Washington it is for matters less than $5,000. For small claims court, a lawyer is not necessary, so the process of litigating becomes more affordable. The issue is dealt with in a court located in a person’s or business’s jurisdiction. Examples of cases that would involve small claims court are as follows:
Consumer Complaints – Consumer complaints range from a bad product or service where the consumer asks the manufacturer or business owner for a replacement or satisfaction of service, but there is non-compliance on the part of the latter.
Employment Complaints – Employment complaints that may be filed before the small claims court should be a monetary issue. Unjust removal from employment or discrimination at work is a totally different matter not necessarily falling under the jurisdiction of a small claims court. However if you have unpaid wages or work-related monetary advances that have not been reimbursed by your employer, then you can file an action against him before the small claims court.
Unreturned Property or Unpaid Sum of Money – While one may file a case before the small claims court due to unreturned property, unpaid sum of money appears to be the most popular reason for taking a party to a small claims court.
Before filing a case, keep in mind that the procedure for small claims Court is similar Court procedure in the higher Courts. Being well prepared and most importantly, understanding your rights can mean the difference between winning and losing your case. You might want to consider that you meet the following requirements, as failure to observe these requirements may result in the dismissal of your case:
(1) The amount you claim is within the court’s jurisdiction. The judge will dismiss your case for lack of jurisdiction if you ask for an amount that exceeds the court’s jurisdictional limit.
(2) Make sure you file within the state’s Statute of Limitations. This means that you should file within the period allowed by law otherwise you are barred forever from pursuing the claim. The judge can dismiss a case for being filed out of time. Just like jurisdictional amounts, statutes of limitations vary from state to state and also vary by the type of claim. Some things become much more difficult to prove as time passes. Therefore, Washington State for example, allows for a limit of one year for some matters and as much as ten years for others.
(3) Give the other party the chance to right the wrong; don’t go to court immediately upon initial dissatisfaction. This is a basic rule in all proceedings – that all efforts be exhausted to resolve the matter amicably, that the erring party be given the opportunity to correct his mistake. Doing so saves our courts from being heavily clogged with all kinds of claims and preserves the harmonious relations between the parties. An opportunity to rectify the error is given by an aggrieved party by serving a “demand letter” to the party who caused injury. Failure to respond to the demand letter indicates refusal of the party to whom it is served and usually leads to the filing of a small claim by the aggrieved party. Having a copy of Demand letter shows the Court that you have followed “due process”, and will reflect favorably upon you.
Legalbargain.net (or your attorney) can draft a Demand Letter on your behalf enumerating your grievance(s), the remedy you seek, and which provides fair warning that if the respondent does not respond favorably you will have no choice but to file a court action against him. This often is enough to convince the other party that it may be best to settle the matter before going to court.
This blog is not legal advice, but shares information on the law. We are living in hard times; people lose their jobs and many are struggling to make ends meet. Legalbargain.net gives back to society by sharing it’s knowledge and producing advocacy videos to put justice within the reach of those who believe justice is only for those with money.
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