Small Claims Court For Suing Your Debtor

Submitted on July 8, 2010 by 5 views

Operating a business doesn’t mean you will be always in harmony at work. At some point or the other you may want to sue a client or take a debtor to the court. If you are a small business then you can approach Small Claims Court for solving such business problems.

Every state has its own Small Claims Court and depending upon which court you choose the rules differ. Collectively, Small Claims Court are those special courts which solve individual and business related disputes.

These courts are not at all expensive and you don’t need a lawyer to present your case. Only those who are above 18 years old and of sound mind can sue their client or debtor in a Small Claims Court for any given dispute.

If you are not above 18 years you then require a guardian to represent your case in the court. As mentioned earlier every state has its own rule related to the claim amount,

for example in California Small Claims Court you cannot sue a defendant for a claim amount which is more than $7500 ($4000 for suing a guarantor). In case you represent your business or corporation, the limit for claim is $5000. The limit is usually valid for a calendar year.

The whole process related to Small Claims Court is relatively inexpensive. All you need to pay is a small fee (between $30- $100) for filing your case which in turn depends on your claim amount.

While filing your case always be very specific about what you expect from the other party. If its money due, then the amount and the reason for charging the amount has to be stated clearly.

For filing case you will have to fill a form known as the ‘Original Notice’ with the court clerk. When your case is filed with the court you will be given a date for hearing.

You can expect to get a date within 1-2 months from filing your case. Most probably if the defendant fails to appear on the due date the plaintiff can easily win the case.

And if you as the plaintiff (the one who sues) forget to appear on the due date you will not only have to give the court fee but your case will be canceled too. Therefore in case you feel you cannot make it on the given date, you can inform the court clerk in advance for a change in date.

Court appeal is applicable only for the defendant and not for the plaintiff. To appeal, the defendant has to pay an approximate fee of $75 and file the notice of appeal within a month of the original judgment.

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  how to solve dispute using a court, how to sue a person in small claims court, suing in small claims court, what is a small claims court,

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