Acclaim Law Group
A Guide to Small Claims Court
Small Claims Court is an alternative way a person can seek damages for personal injury matters. The process allows plaintiffs to file suit against a person or business without bearing attorney’s fees. If you have been involved in a minor, low impact collision or sustained injuries that generated a small medical bill, Small Claims Court may be an appropriate route in seeking damages.
Small Claims Court can cover several different disputes which necessitates lawsuits. Cases such as dog bites, dog fights, landlord tenant disputes, disputes with HOA’s, and auto repair accidents are a few examples of the cases that are brought forth. Small Claims Court is also a solution if the third-party’s insurance company is non-compliant and unwilling to cover the damages by creating a channel for plaintiffs to pursue legal damages against the third-party.
Filing a Small Claims case and navigating through the court process may seem complex to a person who has no background in law or no experience with court processes. Personal injury attorneys, Small Claims Advisors, and the Small Claims Help desk located at the courthouse also offer advice and aide to help named parties throughout the court room process. Interpreters are available free of charge to help foreign speakers communicate with the court and court forms are offered in multiple languages, although the final forms filed with the courthouse must be in English.
It is vital to learn all the rules, statutes, and deadlines associated with your case to ensure your case runs smoothly. Court fees to file are reimbursable if the case is ruled in the favor of the person who filed, and the original proof of service must be filed with the court as a copy will not be accepted. Other rules regarding statutes to file a Small Claims case, the correct county and courtroom to file the case in, and the time limits to serve the defendant are important aspects to take note of.
While Small Claims Court allows people to seek justice for themselves, cases are barred from being filed in Small Claims if the damages exceed $10,000.00. Small Claims court is modeled for self-representation, which is why there is a cap on the fees, as the larger the sought-after damages are the more complicated the case becomes. As not everyone practices law, if your case is complex or you believe your damages exceed $10,000.00 it is important to hire an attorney, so you receive a proper settlement.
If you were injured due to another’s negligence a personal injury attorney San Marcos will help you receive treatment and address any questions you may have. Please call (858) 252-0781 to set up a free consultation.
Disclaimer: While we always seek to establish accuracy when publishing articles, this piece is not intended to provide legal advice, and should not be used as such. Each individual case will differ and should be discussed with an attorney or legal expert. If you would like to inquire about pursuing a claim against a drunk driver, please contact a San Diego personal injury lawyer at (858) 252-0781 or email firstname.lastname@example.org