Small Claims Quick Check
A. Your Small Claim can only be for money up to $3,000
B.
Corporations
and partnerships cannot use the small claims procedure. You must be a sole
proprietor or an individual to bring a suit. Be careful of “PC’s”.
C.
If
younger than 18 your parent or Guardian may file a claim for you.
D.
You
may bring suit against a individual, corporation, partnership, associations,
and assignees
E.
To
file a claim, yourself or someone on your behalf must contact the Small Claims
Court in the town, village, or city where the Defendant lives, works, or has a
place of business.
F.
A filing fee of $10.00 for claims up to
$1,000, and $15.00 for a claim over$1,000
G.
Each
party involved in the small claim action should receive a copy of A Guide to
Small Claims.
H.
A
notice of claim will be sent by the court, both certified mail and ordinary
first class mail
I.
Notice
of claim must be sent 21 days before appearance date and if mail is not
returned they are presumed to have received notice.
J.
If
notice is returned to post office as undeliverable, the court will set a new
trial date, and personal service will be required by a person at least 18 years
of age who is not party to the action. If no service is made in four months
from the start date, the case will be dismissed without prejudice, and an
action may be brought at a later date.
K.
The
defendant has the right to file a counterclaim (fee $3 plus mail cost) up to
$3,000, any time up to the trial date, if it is not done within five day of
receipt of notice of claim, the trial date may be adjourned to a later date.
L.
The
court shall conduct a hearing so as to do substantial justice between the two
parties and the court will hear all relevant information as it pertains to the
claim. (ruling should be made after parties leave the hearing). Those giving
testimony must be sworn:
M.
A
Notice of Small Claims Judgment is required to be sent to both judgment
creditor and judgment debtor to notify of rights and obligations
Small
Claims Quick Check
Hon.
Jack N.Eggleston