What is Small Claims Court?

Previously I have blogged about being sued by a creditor who is attempting to recover debt you owe (i.e. past due credit card debt). But where does that lawsuit get filed and ruled upon? For the most part, these cases are filed in Small Claims Court, also known as Magistrate Courts. Small Claims courts are specially designated courts whose only jurisdiction is to hear civil disputes between private parties, valued at less than $15,000.

Examples of cases heard in Small Claims Court are landlord-tenant disputes (including eviction proceedings), disputes between merchants and customers as well as other financial disputes between two parties. The benefits of using this type of court to the plaintiff are the low cost of filing ($45-55) and usually a speedier resolution than a higher civil court.

As with most other courts, in Small Claims Court, both parties are given the opportunity to present their side of the issue and it is ruled upon by the judge. There are no jury trials in small claims court.  If the plaintiff wins, they are given a judgment that will allow them to start the process of collecting the debt from the defendant.  The post-judgment collections process could still be long and difficult, but it has to start with a judgment in favor of the plaintiff.

Generally the plaintiffs in these cases are businesses and are represented by lawyers. Defendants are generally the debtors (people who owe debt).   While to many people, it may seem unnecessary to hire a lawyer for something called "Small Claims" Court, it is a wise idea. This court follows the same rules and standards as any other court including evidentiary rules, which are guidelines of what types of evidence are admissible and cross examinations.  As such, it is highly recommended you seek experienced counsel before filing an answer or reporting to court for your hearing.

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.