Small-claims courts in the U.S. were established to provide citizens a venue to settle private disputes without the need for professional legal representation. They’re useful in resolving a wide variety of issues, ranging from unpaid loans to shoddy contractor work. But while they’re intended for average people with a lay understanding of the law, prevailing in court is often more than a matter of showing up with a valid claim.
Below are four helpful tips to keep in mind.
Retaining a lawyer isn’t necessary for small claims court — in fact, some states don’t allow for plaintiffs to be represented by counsel. (And in some states even the judge doesn’t have to be a lawyer!) But there’s no rule against consulting with an attorney beforehand. Oftentimes, a lawyer can provide vital information about court processes and advise you on whether your case is even worth pursuing.
In small claims court, the party that wins is typically the one that offers the most compelling and comprehensive information in support of their claim. Coming with a rehearsed argument is great, but coming with documents to support every point makes for a stronger case.
Not every claim is worth pursuing, and not every claim worth pursuing is appropriate for small claims court. For example, filing fees can range from $30 to $75, making the pursuit of a $150 claim marginally profitable. Conversely, monetary award limits range from $1,500 to $25,000 depending on the state, meaning cases with larger financial stakes are sometimes better suited for district court. Cases involving issues like libel and slander may also be inappropriate for small claims court depending on the state.
The devil is in the details, especially when it comes to the legal system. Small claims cases are often won or lost on basic technicalities, so be sure to pay careful attention to instructions from the court clerks and judge. Double and triple-check every form and deadline. If a date falls on a weekend, check with the court to see when the judge wants the information. It’s also a good idea to attend a small claims hearing – they’re public – ahead of your own date to familiarize yourself with that court’s process.