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LAW NOTES
About
Small Claims Courts: Small claims courts are informal courts where a person can
file and handle a legal claim without hiring a lawyer. Small claims courts
resolve disputes involving claims for small amounts of money. While the maximum
amounts that can be claimed or awarded differ from court to court, court
procedures generally are simple, inexpensive, quick and informal. Court fees are
minimal, and you often get your filing fee back if you win your case. Generally,
you will not need a lawyer, and some courts do not permit them. If you live in a
jurisdiction that allows lawyers and the party you are suing brings one, do not
be intimidated. The court is informal, and most small claims court judges make
allowances for people who appear without lawyers. Even though the court is
informal, the judge's decision is binding and must be followed.
Enforcing
a Decision: If the party bringing the suit wins the case, the party who lost
will often follow the court's decision without additional legal action. If
losing parties will not obey the decision, the winning party can go back to
court and ask for the order to be enforced. Depending on local laws, the court
might order property to be taken by law enforcement officials and sold. The
winning party will get the money from the sale, up to the amount owed. Or, if
the person who owes the money receives a salary, the court might order the
employer to garnish or deduct money from each paycheck and give it to the winner
of the lawsuit.
Using
Small Claims Court: Before you use small claims court, check with your local
tribal or state small claims court offices for the particulars of small claims
court practice in your area. You might want to: * Ask the clerk how to use the
small claims court in your jurisdiction. * Request educational material to
prepare you for small claims court. * Observe a small claims court session
before taking your own case to court. Remember, small claims courts are
people’s courts. If used properly they are an effective and simple way to
resolve many legal disputes.
NOTE:
Dakota Plains Legal Services is providing this information in partnership with
this newspaper as a public service. This article is not intended as legal
advice. Always talk to a lawyer before taking any legal action.
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