Small claims court is used to claim small amounts of money or personal property the person believes was unfairly seized by another party. Called the "fast food" of the legal system by the American Bar Association, small claims court allows a person to file a claim and receive compensation if the judge rules in his favor without having to hire a lawyer (although some people do hire lawyers) or have a jury present to determine the verdict.

Purpose

According to the Oregon State Bar, small claims court is used to recover money less than $7,500 or personal property under $750. People file claims with this court because they believe they rightfully should have the money or personal property, even though the other party refuses to give it back.

Types

According to the American Bar Association, some common types of claims seen in small claims court include breach of contract, minor personal injuries, breach of warranty, issues with debts, repayment of loans, property damage and property not returned by another party.

Filing

To file a claim in small claims court, you first fill out a complaint form and pay a filing fee, listing your name, address, the name and address of the party you are filing against, the amount of money or property owed and the reasons for filing. You then must notify the party after it filing the complaint by sending them a certified copy, either in person or through certified mail.

Preparation

After the party receives a certified copy, a court date is set for the hearing. Both parties prepare by collecting evidence proving why they deserve the money or personal property, sometimes with the help of a lawyer.

Proof

Photographs showing evidence, written contracts or documents, receipts, canceled checks and letters are accepted evidence to help you prove your case. Eyewitnesses, or people who witnessed what happened, also strengthen your case.

Considerations

Even after a certified copy of the claim is filed with small claims court, the other party can still choose to settle it outside of court by paying the full amount of the claim. They can also file a counterclaim, suing the person for additional compensation.

Source:

American Bar Association

Oregon State Bar