The amount of the claim can not be in excess of $5,000. If there is a specific amount owed (for example, the amount owed on an open account), you may not reduce the claim solely for the purpose of coming within the jurisdiction of the Justice Court. The filing fee is $57; if you desire a jury trial, you may request one and pay a $5 jury fee. After you have filed the claim, the Constable Department will serve the defendant with a citation and a copy of the complaint. The defendant will have
approximately 10 days in which to file an answer denying your claim. You may check with the court clerk about 3 weeks after you have filed to determine the status of the case. If the defendant has been served and the time to file an answer by the defendant has expired, you may request that the court enter a default judgment in your favor. If the defendant files an answer, a court trial date will be set at your request. The case normally will be heard in 30 - 60 days.
You may represent yourself in court or hire an attorney to represent you. This is a "People's Court," but it is up to you as the plaintiff to prove the allegations against the defendant, who may or may not be represented by an attorney. Keep in mind that "hearsay evidence" (what someone else said or wrote) normally is inadmissible and normally can not be used if the defendant objects to it. Examples of hearsay evidence are affidavits, garage estimates, police reports, and what other people orally said. Whenever possible, you should have these people appear during the trial to testify on your behalf. For example, if a suit is filed for faulty mechanical work on your vehicle, you should consider having an expert witness back up your allegations in court; an expert witness in this type of case would be a person who has mechanical experience by virtue of his/her profession and/or experience. Bring with you to the trial any evidence supporting your claim, such as receipts, invoices, canceled checks, etc. and any witnesses you intend to testify on your behalf. Photographs might be helpful in proving your case.
If you are a defendant in a small claims case, you will need to file an "answer" with the court. Click here to access and print an optional form that can serve as your answer. |
