When private disputes occur that do not encompass large sums of money, the case occurs in small claims court. The major dispute held in small claims court is collections of small quantity of debt. Other common cases are landlord-tenant disagreements, contract disputes, breach of warranty, and personal injury. The major factor in determining whether a case can be held in small claims court or not, is the monetary amount. By suing in small claims court, the plaintiff waives the ability to claim more money than the court can award due to small claims court having a maximum monetary amount it can award from judgment.
Some characteristics of small claims litigation is the basic procedures of the court differ from other types of litigation. Sometime evidence is simplified to make the procedures more cost-effective and usually individuals conduct their cases without a lawyer however, corporations are still required to have a representative lawyer at the proceeding. In the case that a defendant does not appear at the trial, a default judgment may be entered favoring the plaintiff. Another basic characteristic of small claims litigation is that trial by jury is typically excluded by the statue establishing the court. It is very common for the courts to encourage both parties involved to seek to resolve the issue outside of court either through arbitration or through mediation.
Small claims court are a local and state form of litigation, thus there are no equivalent to them in the federal court. They are open to the public; attendance may be highly useful to a person involved in a case, whether as a plaintiff or defendant.
Our litigation attorneys have helped clients in preparing for small claims court and appealing small claim judgments. It is always a good idea to have a consultation with an experienced litigation attorney to determine if you should file a lawsuit in small claims court or not. You can schedule a FREE CONSULTATION with one of our experienced litigation attorneys of Dallas, to discuss your small claims court. You can call us at 972.789.1664, email us at firstname.lastname@example.org, or fill out the FREE LEGAL CONSULTATION FORM to schedule a FREE CONSULTATION.