Small Claims Court Proceedings

Small claims court proceedings are sought for minor legal disputes that have resulted in monetary loss, injury, or the failure to receive the services that were promised between two parties. If you have a dispute that you are seeking restitution for, find out if your legal matter qualifies to be heard in front of your local magistrate judge.

Small Claims Court

A small claims court proceeding is typically conducted in front of a magistrate judge. In some jurisdictions, small claims court is referred to as magistrate court. Unlike a state court proceeding, a small claims court proceeding is reserved for cases in which a plaintiff is not seeking damages that exceed a specific monetary value. This value may differ between states and counties. Each party who is being represented in a small claims court proceeding will have the opportunity to have their side of the story heard by a magistrate judge.

Court proceedings may require that both parties consult with a mediator first. A mediator's role is to ensure that both parties speak to each other in a civil manner. If an agreement can be made between both parties and the defendant is willing to take responsibility for their wrongdoing, the defendant will be supplied with a timeframe in which they will need to make a monetary payment to the plaintiff or correct the issue that prompted the plaintiff to file a lawsuit.

The Omission Of A Contract And Attorney Assistance

During a small claims hearing, a plaintiff may furnish a magistrate judge with a copy of the contract they made with the defendant. A contract will provide solid proof that an agreement had been made between both parties. If a contract wasn't made, a magistrate judge will need to determine if a plaintiff's claim is legitimate.

If a verbal agreement involved a promise to exchange money between the defendant and the plaintiff, the plaintiff will need to provide some sort of proof or testimony that will substantiate that the defendant failed to pay them as promised.

Hiring an attorney can alleviate some of the uncertainties with a civil matter. At the very least, consulting with an attorney will help a plaintiff prepare themselves for the small claims court legal process. If a judgment is made against a defendant and the defendant fails to make restitution to the plaintiff, the plaintiff may need to file additional paperwork with their local courthouse. This may also require that both parties attend a secondary mediation session or court hearing.

Contact a law firm for more information about small claims court.