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Consumer Guide: Small Claims Court

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From 8 On Your Side of News Channel 8

Published: April 2, 2008

CAN'T GET YOUR MONEY? TAKE 'EM TO COURT!

For many people small claims court is an alternative to hiring an attorney because you can represent yourself.

Small claims court handles complaints to recover awards or property not exceeding $5,000.00. This court will hear any non-criminal or civil action (for example, breach of contract, breach of warranty, eviction, etc.)

STEPS TO FILING:

1. In order to file your claim, you should visit the Clerk of Court, County Civil Division, at your local courthouse.

A) The clerk will be available to help you file your claim correctly and start the legal process.

B) The clerk will schedule a pre-trial conference not more than 35 days from the date of filing for a meeting between parties. As the plaintiff, be sure that you show up for this conference, or you risk the chance of having the case thrown out of court. After all, this is your chance to present your case and discuss the issues!

2. Following the pre-trial conference the court will then set a date for trial.

3. If the court finds in your favor, a judgement will be awarded. However, this does not mean that you will receive what you have demanded immediately.

BEFORE TAKING THEM TO COURT, REMEMBER:

There is a fee, usually around $65.00.

The court does not guarantee payment of your judgement and fees are payable to the clerk of court by cash, money order, cashiers check only! Personal and business checks are not accepted!
If you have any other questions feel free to contact the Clerk of Court. They will be happy to help you out.

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