You may have a minor legal dispute that does not warrant the expense of hiring an attorney, but you still would like a court ordered resolution. In that type of situation, small claims court would be an appropriate path to pursue a remedy.

Small claims court have “limited jurisdiction.” This means that they can only hear a case that falls under a monetary threshold amount. For example, in Washington D.C. the small claims court will only hear cases where the amount in controversy is $5,000 or less. If you are bringing a claim for more than that amount, your claim will automatically be dismissed and you will have to re-file in the proper court. Some states will also allow cases for eviction to be brought in small claims court regardless of the dollar amount. States vary on the maximum case amount a small claims court can hear and whether eviction cases are exempt from the dollar amount requirement. This information is ordinarily available online, but if not, your local courthouse will be able to provide you with it.

Small claims courts only hear civil disputes, e.g. breach of contract, destruction of property, or claims for minor physical injuries, including any caused by a traffic accidents. They will not hear any criminal cases, and in most circumstances, although this can vary by state, will not hear any family law related issues either. Most likely, your case will be heard by a judge since there is no right to a jury in most states in small claims court.

In the majority of states you have the right to hire an attorney to bring a claim or defend yourself against a claim in small claims court. However, because these court cases don’t involve large amounts of money, hiring an attorney doesn’t usually make financial sense. Also, cases brought in small claims court are typically straight forward and do not involve complex issues that you would ordinarily need a lawyer for.

Moreover, small claims courts are generally geared towards individuals who do not have familiarity with the legal system. Small claims courts often have less formal procedures and quicker resolution times than claims in courts of general jurisdiction (or non-small claims court). Many small claims courts have pre-printed forms and instructions to guide parties on what to do. If you are bringing or defending a claim, it is important to familiarize yourself with the rules and procedures of the court. Although small claims courts have less formal procedures, your claim can be dismissed or you can have a judgment entered against you if you do not follow the court’s rules.

If you lose your case in small claims court you may be able to appeal. However, most courts have a very limited time, ranging from 10 to 30 days, when you can file an appeal. If you don’t meet the deadline, you will forever lose your right to appeal your case. Check with the courthouse where the case is file to find out whether a right to appeal exists, the deadline for it, and the proper procedure.

The author of this article can be reached via email at Justice360@muslimcongress.org. For more information about Justice360, visit http://www.muslimcongress.org/360.

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