Small Claims

Small claims court is a special court where disputes are resolved quickly and inexpensively. The rules are simple and informal. The person who sues is called the plaintiff. The person who is sued is called the defendant. You are not allowed to have a lawyer represent you at the hearing in small claims court.

How Much Can You Sue for In Small Claims Court?

In general, a natural person (an individual) cannot ask for more than $10,000 in a claim. Businesses and other entities (like government entities) cannot ask for more than $5,000. This limit on businesses does not apply to sole proprietors, who are treated as natural persons.  You can file as many claims as you want for up to $2,500 each. But you can only file 2 claims in a calendar year that ask for more than $2,500.

There are some exceptions to the $10,000 limit for individuals:  

• As a natural person, you can only sue a guarantor for up to $6,500 ($2,500 if they do not charge for the guarantee). A “guarantor” is a person or company that promises to be responsible for what another person owes. (If you are an entity other than a natural person and the guarantor charges for its services, you may file a claim for up to $4,000.)
• But, you can sue the Registrar of the Contractors (the executive officer of the Contractors State License Board) as a guarantor for up to $10,000. 

Collections agencies cannot sue in small claims court to collect on debts that are assigned to them

Types of Small Claim Cases?

There are different kinds of cases you can file in small claims court. Some common types of small claims cases are disputes about:

• Property damage or personal injury from a car accident;
• Landlord/tenant security deposits;
• Damage to your property by a neighbor;
• Disputes with contractors about repairs or home improvement jobs;
• Collection of money owed;
• Homeowner association disputes; and
• Many other issues.

What is the Deadline to File a Claim?

The deadline to file a lawsuit is called the statute of limitations. Most lawsuits MUST be filed within a certain amount of time. In general, once the statute of limitations on a case “runs out,” the legal claim is not valid any longer.

The period of time you have to sue someone varies depending on the type of legal claim. Here are the statutes of limitations for some common types of legal disputes:

• If you are suing because you got hurt, you can file a claim for up to 2 years after you were hurt.
• If you are suing because a spoken agreement was broken, you have 2 years to file after the agreement was broken.
• If you are suing because a written agreement was broken, you have 4 years to file after the agreement was broken.
• If you are suing because your property was damaged, you have 3 years to file after your property was damaged.
• If you are suing because of fraud, you have 3 years to file after you find out about the fraud. Fraud is when you lose money because someone lied to you or tricked you on purpose.
• If you are suing a government or public agency, you usually have 6 months to file a claim with that agency. They have 45 days to make a decision. If no decision is made with 45 days, then the claim is considered denied. If they reject your claim, you have 6 months to file a claim with a small claims court. If you do not receive a rejection or acceptance of your claim in those 45 days, you may have more time to file your claim but, to be safe, act within the 6 months or talk to a lawyer to find out for sure how much time you have to file your lawsuit. 

Going to Small Claims Court

If you are suing someone, you must go to court. You will go to court between 20 and 70 days after you file your claim.

You cannot send anyone else (even a lawyer) to represent you in small claims court. But there are some exceptions: You may not have to go to court if:

1. You are serving on active duty in the armed forces, 
2. You were assigned to your duty station after your claim arose, and
3. Your assignment is for more than 6 months.

If you are being sued, you must go to court if you want your side of the case to be considered. If you do not go to court, a judgment may be entered against you. This would be a judgment based on the evidence that the side suing you provided, without you having a chance to provide any evidence.

With the help of an experienced document preparer at United LDA, we will assist you in the preparation of the small claims case. Contact us and an experienced document prepared will assist you in the preparation of the support documents. We will ensure you that the preparation will be done correctly, efficiently, and professionally.

Standard Fees $249 + Court Fees + Service of Process Fee

This information is for general use and is not intended as full and comprehensive instruction. This is intended as an information tool to assist you. For additional information, we recommend you seek legal advice. If you need to consult with an attorney, we will be able to provide you with a referral with one of our collaborating attorneys.