Small Claims Court
A small claims court is a part of a Superior Court where you can file a suit up to a certain limit. The Magistrate Court is also referred as a small claims court. If you are to file a claim for a value that crosses their limit, then the case moves to a State court or a Superior Court.
Exclusions in a Magistrate Court
The Magistrate Court does not entertain certain types of cases irrespective of how much the recovery mount is. Cases like family matters, divorce and other cases related to the legal ownership of real estate. Moreover, the Magistrate Court has no right to put an order that directs a party to take some action like returning the property or even repairing it.
Issues that normally are not handled in a small claims court include:
- Libel or slander
- Name calling
- Cases valued at a price beyond $5000
- Damage to reputation
Filing a claim
In filing a claim there are 2 parties – the Plaintiff (the party that files a claim) and the Defendant (the party that is sued). When there is a claim, the Plaintiff and the Defendant must be properly designated and this largely depends on whether the party is a business enterprise or an individual. Failure to do this may result in unsatisfactory judgment.
Individuals may be designated by their first names. If a minor is a Plaintiff, he/she may not be directly sued by through his/her parent or legal guardian. If the party is a business, a proper legal entity must be named. In case of sole partnerships the individual owner is the proper party that has to be designated. When a corporation is the party, the designation must be the legal name of the corporation.
If you file a claim in the wrong court you need not worry. The case will automatically move to a court that has the jurisdiction. There will be an order that transfers the case to the respective court. You may need to pay a certain amount of transfer fee within 20 days.
Fill out a Statement of Claim Form if you want to file a claim. Mention clearly the name and address of the person or corporation that you want to sue, along with the exact amount of money you are suing for and add an explanation to it. You may be your own agent or an agent for your corporation. You may also sue on behalf of a minor if you are the legal guardian. But you cannot represent someone else in case you are not an attorney. If you are suing a corporation, remember it has to be in the county where it is doing business in or in a county where the registered agent is located.
The case will be heard and judgment will be passed. The judge presiding the hearing will announce his/her decision and give both the Plaintiff and the Defendant the court’s decision.