The Small Claims Court is a division of the Superior Courts. It holds hearings for financial disputes below $5,000. The purpose of these courts is to resolve relatively small financial matters amongst parties without going to a standard court.
Unlike standard court cases whereby plaintiffs or defendants typically hire attorneys to represent them , most people in Small Claims Court represent themselves. Parties are required to bring any evidence that may prove their innocence or guilt. It is important to note that not all varieties of claims are supported in small claims court, even if they are within the financial limit of the states dollar restriction.
Decisions reached in these courts cannot be reversed; however, defendants have the legal right to appeal a decision to the Superior Court.
Claims That Are Allowed
Claims that are admitted into small claims court are common grievances such as failure to return a security deposit, fix an automobile or piece of property correctly, repay a loan or even not meeting the standards of a service contract. Depending on the state, some small claims courts may also include different types of legal disputes such as restitution (which is the return of an item) or even evections.
In regards to monetary issues, one can file a grievance in small claims court on the basis of multiple legal theories that hold ground in any other type of court such as but not limited to, intentional harm, breach of contract, or breach of warranty.
Claims Not Authorized
With the long list of claims that are permitted in small claims court, there is an equally lengthy list of claims that do are unable to proceed through the same court system. Regardless of what state someone lives in, small claims courts are unauthorized to handle name changes, divorce, bankruptcy, or custody. They are also unable to grant an injunctions or any other emergency relief as these issues require counsel.
Any action or lawsuits that are brought against a federal employee, government, or agency for measures directly related to his/her/its service of employment will be able to be dealt with in small claims court.
