Small Claims Court http://small-claims-court.laws.com Small Claims Court- Small Claims Court California, California Small Claims Court Mon, 31 Oct 2016 20:56:09 +0000 en-US hourly 1 http://wordpress.org/?v=4.1.18 New York City Small Claims Court http://small-claims-court.laws.com/new-york-city-small-claims-court http://small-claims-court.laws.com/new-york-city-small-claims-court#comments Sat, 04 Apr 2015 15:43:50 +0000

New York City Small Claims Court   New York City small claims court The New York City Small Claims Court is a division of the Civil Court of New York City.  It hears all actions for money damages, only, where the cause of action is a tort, contract, or other action where the claimant is seeking compensation that does not exceed $5,000.  In the New York City Small Claims Court it is permitted to split claims so that a claimant will be within the jurisdictional amount; however, no corporation, partnership or association may sue in small claims court.  For example, if the claim is for $6,500 then the claimant may file two claims; one for $1,500 and another for $5,500.  Cases in New York City Small Claims Court are presided over by a volunteer arbitrator, with no jury.  A party may retain the use of an attorney, even though it is not necessary.   In order to file a claim in the New York City Small Claims Court the claimant must complete a statement of claim form.  This must be filed in the small claims court that has jurisdiction over the case.  Jurisdictional requirements are met if the case is filed in the New York City Small Claims Court for the New York City county where the defendant resides, where the defendant may be found, where the contract was signed or performed, or where the cause of action accrued.  The statement of the claim must include the names and addresses of both parties involved; the amount of damages the claimant is seeking; and an explanation of why the person owes the claimant money.  The clerk’s office will charge a fee for filing a statement of claim.  The fee is $15 for claims up to $1000; and $20 for damage amounts that exceed that number. After the statement of the claim is processed it must be served upon the defendant.  This is to give the defendant the knowledge of the claim against him, or her; where and when to appear in court; and an opportunity to respond to the claim.  The Statement of Claim and Notice of Claim will be delivered by the clerk’s office by first class mail or certified mail with return receipt requested.  The defendant then has 20 days after receiving the Notice of Claim in order to file an answer.  If the defendant cannot be found then the claimant may pay an authorized process server to personally serve process upon the defendant. If you need legal advice and assistance, contact New York lawyers.
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Los Angeles Small Claims Court http://small-claims-court.laws.com/los-angeles-small-claims-court http://small-claims-court.laws.com/los-angeles-small-claims-court#comments Sat, 04 Apr 2015 15:43:49 +0000

 

Los Angeles small claims court

The Los Angeles small claims court is a division of the Superior Court that hears cases that involve torts, contracts, and landlord/tenant actions where the amount in question is no greater than $7,500; $5,000 if the plaintiff is a business. The Los Angeles small claims court is a court of limited jurisdiction that is presided over by a judge who makes all decisions, including the verdict.  There are no jury trials in small claims court and no party is permitted to have an attorney in the courtroom.  Los Angeles small claims court actions exist to allow plaintiffs, with limited time and resources, to file actions against a defendant for small amounts of money.  In the Los Angeles small claims court the rules of evidence are non-existent and the rules of civil procedure are relaxed.

In order to commence a Los Angeles small claims action a plaintiff must file a Complaint with the clerk of the Superior Court where there is jurisdiction.  Personal jurisdiction is had in the Superior Court if the defendant resides, can be found, where the contract was signed or performed, or where the cause of action accrued in the city of Los Angeles.  The complaint may be picked up at the clerk’s office or by downloading the form off of the courts website.  The Complaint must contain the names, addresses and phone numbers of all the parties involved in the suit; the amount of damages being sought; and an explanation of why the defendant owes the plaintiff money.  The clerk of the court will charge a filing fee in order to process the complaint.

Once the Complaint is filed the plaintiff must arrange for service of process on the defendant.  This is to ensure that the defendant is aware of the action against him, when and where to appear in court, and a chance to reply to the allegations.  Service of process may be done by two ways.  Either the clerk can send the Complaint and Summons to the defendant by certified mail with return receipt requested; or the plaintiff can arrange for law enforcement to personally serve process upon the defendant.

If you are looking to file a claim in a Los Angeles small claims court you may search the Los Angeles small claims court losangelescountysmallclaimscourt.com to find the court that has jurisdiction over your case.


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Wyoming Small Claims Court http://small-claims-court.laws.com/wyoming-small-claims-court http://small-claims-court.laws.com/wyoming-small-claims-court#comments Sat, 04 Apr 2015 15:43:49 +0000

 

Wyoming Small Claims Court

 

The Wyoming small claims court is a division of the Circuit Courts in the State of Wyoming that hears civil matters that include torts, contracts and landlord/tenant disputes where the amount in question does not exceed $5,000.  There are 9 Circuit Courts in the 23 counties of Wyoming and there is one small claims court in each of the 9 Circuit Courts.  The small claims court is presided over by a judge and, upon request, may include a jury.  An attorney is not necessary but any party may have legal representation in the small claims court.

 

To commence a Wyoming small claims court action a plaintiff must file a small claims affidavit with the clerk of the Circuit Court that has jurisdiction over the person, or property.  Jurisdiction is proper in the Circuit Court that has jurisdiction over the county where the defendant resides, can be found, where the contract was signed or performed, or where the property in question is located.  The plaintiff must file a small claims affidavit with the clerk.  This form must include the names and addresses of both parties; the amount of damages sought; and the reason why the plaintiff is hailing the defendant into court.  The clerk of the Wyoming small claims court will charge a $10 fee for processing the claim and an additional $4 appearance fee.

 

Once the claim is filed the plaintiff will be responsible for serving the defendant with the small claims affidavit and summons.  This is to inform the defendant of the action being commenced; where and when to appear in court; and an opportunity to respond to the allegations.  Service of process is usually done by the Sheriff of the county where the defendant lives.

 

To file an action in a small claims court in the State of Wyoming you may go to the Wyoming Judiciary www.courts.state.wy.us/ to locate the Circuit Court that has jurisdiction over the matter.


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Wisconsin Small Claims Court http://small-claims-court.laws.com/wisconsin-small-claims-court http://small-claims-court.laws.com/wisconsin-small-claims-court#comments Sat, 04 Apr 2015 15:43:49 +0000

 

Wisconsin Small Claims Court

 

The Wisconsin small claims court is a division of the Circuit Courts in the State of Wisconsin.  They are courts of limited jurisdiction that hears cases and controversies involving torts, contracts, debts and landlord/tenant actions where the amount in question does not exceed $5,000.  The Wisconsin small claims court is presided over by a commissioner or judge.  There are no jury trials in the small claims court but either party may make a demand for a jury trial.  If this occurs the case will be removed to the Circuit Court.  In the Wisconsin small claims court there is no need for an attorney, due to the relaxed rules of evidence and civil procedure, but you are permitted to have an attorney with you in court.

 

To commence an action in Wisconsin small claims court a plaintiff must file a Summons & Complaint with clerk of the Circuit Court of the county that has jurisdiction over the case.  Personal jurisdiction is had in the court of the county where the defendant resides, where the defendant can be found, where the contract was signed or to be performed, or where the property in question is found.  The complaint needs to include the name, address, and phone number of the parties involved; the amount of damages being sought; and an explanation for why the defendant owes money.  There are different kinds of complaints that must be filed depending on the action being commenced.  The clerk of the Circuit Court will charge a fee of between $22 to $85 in order to process the complaint.

 

Once the complaint is filed the plaintiff is required to serve process upon the defendant.  This is to inform the defendant of the case pending against him, when and where to appear in court, and an opportunity to respond to the allegations.  The Wisconsin small claims court requires that this be done by certified mail with return receipt requested.  If the defendant refuses service or the action involves an eviction then the plaintiff must pay the sheriff, of the county where the defendant resides, to personally serve the defendant with the complaint and service.

 

If you would like to commence an action against a defendant in a Wisconsin small claims court you may find the proper court by visiting this www.wicourts.gov/ to find the small claims court that has jurisdiction over the case.

 


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West Virginia Small Claims Court http://small-claims-court.laws.com/west-virginia-small-claims-court http://small-claims-court.laws.com/west-virginia-small-claims-court#comments Sat, 04 Apr 2015 15:43:49 +0000

 

West Virginia small claims court

 

The West Virginia small claims court is a division of the Magistrate Court that hears cases that involve torts, contracts, and landlord/tenant actions where the amount in question is no greater than $5,000.  The West Virginia small claims court is a court of limited jurisdiction that is presided over by a judge and does not automatically have a jury.  For a jury to be requested the amount in question must be greater than $20 or the case must involve an eviction proceeding.  Small claims actions are a great way for plaintiffs, with limited time and resources, to sue in court for money damages where, to do otherwise, would be inefficient.

 

In order to commence a West Virginia small claims action a plaintiff must file a Civil Complaint in the clerk of the Magistrate’s court where there is jurisdiction.  Personal jurisdiction is had in the Magistrate court in the county where the defendant resides, can be found, where the contract was signed or performed, or where the cause of action accrued.  The Civil complaint may be picked up at the clerk’s office or by downloading the form off of the courts website.  The Civil Complaint must contain the names, addresses and phone numbers of all the parties involved in the suit; the amount of damages being sought; and an explanation of why the defendant owes the plaintiff money.  The clerk of the court will charge a filing fee between $20 and $60, depending on the county, to process the Civil Complaint.

 

Once the Civil Complaint is filed the plaintiff must arrange for service of process on the defendant.  This is to ensure that the defendant is aware of the action against him, when and where to appear in court, and a chance to reply to the allegations.  Service of process may be done by two ways.  Either the clerk can send the Civil Complaint and Summons to the defendant by certified mail with return receipt requested; or the plaintiff can arrange for the sheriff, of the county where the defendant lives, to personally serve the defendant.

 

If you are looking to file a claim in a West Virginia small claims court you may search the West Virginia Judiciary’s www.courtswv.gov/index.html to find the court that has jurisdiction over your case.


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Small Claims Court in Ontario http://small-claims-court.laws.com/small-claims-court-in-ontario http://small-claims-court.laws.com/small-claims-court-in-ontario#comments Sat, 04 Apr 2015 15:43:49 +0000

What to Know about Making a Small Claims Court in Ontario

Background Information on Small Claims Court in Ontario

In Ontario, Canada, the Small Claims Court is one of the branches of the Superior Court of Justice. The Small Claims Court in Ontario deals with various civil disputes that have equivalent monetary values that do not exceed $25,000 (Canadian dollars).

This amount includes the monetary value of goods that the claimant or plaintiff requests in total, regardless of the number of defendants. For a claim that is more than the limit of $25,000, it can still be pursued in Ontario’s small claim court, but any value beyond the limit will be given up. Furthermore, the future right to obtain this money will be forfeited as well. Also, the claim cannot be divided up between separate cases. 

Cases that can be filed in Small Claims Court in Ontario include the following:

Claims for unpaid money under certain agreements such as services or goods sold and delivered, loans, rent, checks

Damages for clothing from a dry cleaner, property, breach of contract, personal injuries

Cost of Bringing a Case to Small Claims Court in Ontario

In order to bring a case forth, an individual must pay a minimal fee in order to file the claim as well as a fee for many steps in the court process, such as requesting a trial date, filing motions, or enforcing judgment. The amount of steps varies depending on the case. Contact a small claims court lawyer to consult your case.

Furthermore, there are also fees in Small Claims Court to a witness who has been summoned for their travel expenses and attendance. Other fees can be added when necessary, for example, for interpreters. In certain circumstances, a fee can be waived depending on the individual’s financial circumstances.

A Typical Protocol in Small Claims Court in Ontario

In a typical small claim, the general procedure is as follows 

The Claim

The defendant first fills out a Form 7A, or the Small Claims Court Plaintiff’s Claim, and either mails it or brings it in person to the court office to have it filed. Here the claimant makes a claim and brings the original claim form as well as supporting documents, pays the filing fees, and has the claim served. From there the defendant has 20 days to file a defense.

The Defense

If the defendant does not agree with the claim, he or she should then fill out Form 9A, the Defense form, indicating the opposing perspective. This form is then filed upon paying a filing fee. A copy of this form is served to the claimant. 

The Settlement Conference 

The two opposing parties both receive notices in the mail to come to a settlement conference where thy receive Form 13A, the blank list of Proposed Witnesses, which must be filed at least 2 weeks before the settlement conference. At the actual conference, the parties both get a chance to discuss the case. If they cannot agree on an action, the case proceeds with a trial. Alternatively, the case may come to a settlement before that.

The Trial

The trial of the Small Claims Court is where the Judge can make a decision about the case at hand. Based on the results of the case, certain steps are taken to either end the case or receive payment. 


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New York Small Claims Court http://small-claims-court.laws.com/new-york-small-claims-court http://small-claims-court.laws.com/new-york-small-claims-court#comments Sat, 04 Apr 2015 15:43:49 +0000

 

What to Know about New York Small Claims Court

The New York Small Claims Court is a division of New York’s judiciary system that allows an individual or business to sue another person who also resides in the town or city where the court sits. The person or business can sue for a small monetary amount for damages. In New York Small Claims Court, the damages cannot exceed $5,000, although in other states this limit may be higher or lower. 

A person can choose to sue for any type of damage as long as it can be translated into a monetary value. For example, an individual may choose to sue against a repair service that is not satisfactory as according to what was paid for, a company that provides a defective product, or even against an employer who refuses to pay wages.

Cases that can be taken to New York Small Claims Court include: 

Return of security deposit

Back rent 

Unpaid claims 

Damaged or broken property

Breach of verbal or written contract

Bills from doctors or hospitals due to medical treatment

Claims valued up to the limited amount

Usually, individuals over 18 years old can bring forward an action in New York Small Claims Court. For individuals under the age of 18, a guardian or parent must file the claim instead. The individual who is suing is considered the claimant or the plaintiff while the individual or business being sued is the defendant.

In New York Small Claims Court, corporations, associations, partnerships, or assignees can be sued, but they cannot be the claimant. However, there is a protocol similar to that of New York Small Claims Court for these parties to bring forth a claim.

Before Filing a Lawsuit in New York Small Claims Court

Before starting a claim in New York Small Claims Court, it is best to try to first settle the dispute. In most circumstances, an individual is asked to sign an affidavit, which is a sworn statement, stating that the signer made a true attempt to collect on the claim at hand. This could have been done in person, in writing, or via phone. The offer must be clear, simple, and rational. These written communications can be used later in court proceedings if needed.

Starting a Lawsuit in New York Small Claims Court

If an individual has used all possible and reasonable methods to settle the dispute without the involvement of the court, and the claimant has decided that suing is the right action to take, he or she should start to collect all relevant information before going to the court house. These can include records of contracts, agreements, and any witnesses as well.

To initiate a claim in New York Small Claims Court, a person must first go to the Clerk’s office of the Small Claims Court of the relevant county and complete a statement of claim. This will require a fee of either $15 or $20, depending on the amount of damages, which must be paid by cash, money order, bank check, or certified check. From there the clerk gives a date for the hearing. If you need legal advice and assistance, contact New York lawyers.


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A Full Guide to Small Claims Court http://small-claims-court.laws.com/small-claims-court http://small-claims-court.laws.com/small-claims-court#comments Sat, 04 Apr 2015 15:43:49 +0000

What is Small Claims Court?

Small-claims court is a legal venue, which possesses limited jurisdiction to hear and observe civil cases between private litigants. Those courts authorized to hear small claims cases may also possess other jurisdictional functions, and the name by which such a venue is known will also vary based on jurisdiction; for example, a small claims court may also be referred to as a magistrate’s court or a county court.

Small claims courts typically administer legal hearings for cases that encompass spall private disputes in which large amounts of money are not at stake. Typically in the United States, the maximum legal battle—in regards to the amount of money being litigated over—in a small claims court is $15,000. This figure places a cap on the maximum monetary limit to the amount of judgments the small claims court can award to a litigating party. 

The routine cases that a small claims court resides over will typically encompass financial disputes between landlords and tenants, and those issues that arise from the routine attempts to collect small debts from a private party. Issues regarding family problems or any cases that involve violence or the presence of physical harm will not be heard in a small-claims court. 

The only legal issues that a small claims court presides over are financial battles between private parties. The term ‘financial battle’ also encompasses issues where a private party hires a company or entity for the delivery of a distinct service; if the service is not delivered as expected or if there is a problem with the contract, the issue may be heard in a small claims court.

When a plaintiff sues a defendant in a small claims court, the individual or entity will typically waive any right to claim more than the court can award. In addition to a financial cap, the rules of civil procedure, as well as the delivery and intricacies involved with the presence of evidence are typically simplified in order to make the legal procedures economical. 

As a result of this simplification, the majority of cases in small claims court is presented and conducted by the private parties involved in the case—rarely are legal professionals incorporated into a small claims court. That being said, administrative rules will fluctuate based on jurisdiction; in some areas, for instance, the small claims court will require the defending party to be represented by a small claims court lawyer lawyer—this requirement is typically placed on corporations.

Elaborate and expensive court procedures such as depositions and interrogatories are usually not allowed in a small claims court. Furthermore, a trial by jury is seldom conducted in a small claims court. To make things as practical and speedy as possible, the majority of legal matters filed in a small claims court are immediately set for trial. 

Winning a legal battle in a small claims court does not guarantee payment in recompense of the plaintiff’s damages. The responsibility to satisfy payment, although legally enforced, is still up to the losing party. As a result, the judgment may also be collected through liens and wage garnishments. 


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