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SMALL CLAIMS COURT

Q. If I decide to proceed with a formal lawsuit, how should I begin?
A. It depends on the type of claim you wish to make. Here a lawyer can provide you with crucial
advice on not only what claims you may have, but on when, where and how you must make them.
Once your lawyer has helped you identify whether you have a valid legal claim and whether it is
likely to be worth your time and money to pursue it (there are various court costs involved as well
as attorney fees), you will need to determine which court has jurisdiction to hear your case. You
may, for example, be able to bring your case to small claims court.

Q. What is small claims court?
A. All states have these special courts, although they may have different names, such as magistrate
court, justice of the peace court, or pro se court. As a general rule, small claims courts are
available only to resolve disputes involving small claims for money. Every state limits how much
money you may seek in a small claims court lawsuit. The limits may range from a few hundred
dollars in some states to thousands of dollars in others.

Q. May I represent myself?
A. Yes, you generally do not need a lawyer to accompany you to small claims court. Sometimes a lawyer is not permitted to represent a party in small claims court.

Q. What are the advantages of filing a lawsuit in a small claims court?
A. First, since you will be acting as your own lawyer, you will save on attorney's fees. Second,
small claims court procedures are simple and there is little paperwork involved. When your day in small claims court arrives, you and your witnesses can talk freely with the judge about what
happened. In many states, the court will even arrange to have the trial or hearing after normal work hours. Third, there are fewer delays than in regular courts--it usually will take only two or three months to file, argue, and receive a decision in your case.

Q. Can I have a jury trial in small claims court?
A. No, there is no jury; a judge will decide your case.

Q. Where can I get more information about small claims courts?
A. There are many good "how-to" books that explain what steps to take to bring a case to small claims court. Look at a few of them if you think you might have such a case, but do not depend on books alone. The laws and rules for small claims are different in each state. For more information, check with the small claims clerk or local consumer bureaus and legal aid groups in your area.

Q. It sounds like it won't take much work to bring my case in small claims court. Is that true?
A. Not necessarily. Use a small claims procedure only if you are willing to put some time into your case. You will be acting as your own lawyer, so you will be doing research, gathering documents, and investigating factual matters to prepare and present your case.

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