Small Claims Court

Written by Chris Uhl
The information contained herein is only to inform the public and does not create an attorney client relationship with the reader. You should always consult an attorney when seeking legal advice.

Show me the money! This is the true call of most Americans. Everyone wants to collect the money. If you cannot collect or you do not get your way, then what else are you going to do; but sue! We live in a civilized society, so differences are settled peacefully in a courtroom. Everyone in America seems to be sue happy. Thank goodness! Since there are too many lawyers in America and I just happen to be one of them. How are the courts arranged? Is Small Claims Court a special court? It is part of the District Court? Is it part of Superior Court?

Small Claims Court is a specialized court created to deal with specific types of matters. It falls under the supervision of the District Court because District Court Judges are used to rule on the cases after an appeal from a magistrate. A small claim is not part of the Superior Court. Any appeals from a magistrate may also be heard by a jury trial if requested, with the taxpayers picking up the cost of a jury trial.

Most lawyers like to file suit in Superior Court, because it is difficult for the defendants to represent themselves. It also seems that most lawyers believe that Superior Court Judges know more law. A small claim would not be filed in Superior Court. A small claim is just that, a small claim, which means it is fewer than two thousand dollars. Most lawyers will not become involved in small claims because of the small amount of controversy. Usually the lawyer's fee would cost more than the lawsuit winnings. Small claims are structured so that the non-legal community may litigate them. You would not sue someone in Superior Court for only two thousand dollars. Superior Court is for the professionals that you are accustomed to seeing on television in the courtroom dramas.

Civil lawsuits can now be filed in some District Courts. In District Court, you file cases that are too large for Small Claims Court, but not large enough for Superior Court. In some instances, a jury trial is available for some civil claims. All courts generally follow the same types of procedures and allow the same type of motions. Even in Small Claims Court you may be required to know something about the law. It is very easy to file and litigate a small claim. That is the purpose of the specialized court. Whether or not you collect your money is another question altogether.

How do I file the small claim? You must go to the District Court Clerk's Office and obtain a Small Claim Form. Fill out the form completely with the name and address of the defendant, which is the party you are experiencing problems with, and write down your claim. Pay your nominal-filing fee of nineteen dollars or less and you have completed the process. It may be several months before you get a trial date. The date will say it is a trial date, but let me assure you, it will not be a trial date. Now is the time to gather all your evidence for the case.

On the pre-arranged court date, you show for the case, but the other party, the defendant, does not show. You receive a default judgment and think you have just won the case. A few weeks later you receive a notice from the court that the case has been reinstated. You now wonder what is happening, because a new court date is assigned. Again you show up in court but the defendant does not show. You win again, by default judgment. You may repeat this process a few more times before you finally get a default judgment. The amount of courtroom visits is strictly within the judge's discretion. Once this step is complete you may now try to collect your judgment. Good luck!

If the defendant shows up then you most likely had a judge or jury decide your case. The cases usually fall into the default judgment or trial category. At this point you have been to the courthouse many times. If you divided the amount of money by the number of visits to the courthouse, you can see it is not very cost effective. It would be advisable to forget what money is due you, but at this point it is now the principle. This is why small claims is not the place to try to collect what is yours. It is a very disheartening and gutwrenching place. The court system deserves the black eye it gets from this overworked and abused court. If you have a small claim, it is best to forget about it and chalk it to experience for the future. You will sleep better at night.

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