A solution you seldom think of–Small Claims Court
Ralph Nader recently used some of his consumer advocacy experience for his own benefit, winning a cash refund from US Airways on an unused ticket. He attributed his success to three little words – small claims court. “I read a lot of consumer books, and almost all of them completely ignore small claims court,” Mr. Nader told the New York Times. “Few people know how simple the forms are, how accommodating the judges are. A lot of them are even open at night.” (via The Consumerist).
Small claims courts usually have simplified procedures and lower filing fees to make it easier for people to represent themselves in court for cases that don’t have a lot of money at stake. In DC, MD and VA a case can be brought in the small claims court if the amount in controversy is less than $5,000.
Benefits of Small Claims Court
- Simplified Pleadings
Many states provide simple forms for filing a complaint in small claims court. You fill out the name and address of the plaintiff and the defendant, explain in plain English what the dispute is about, and what amount of money you’re claiming the defendant owes you. - Lower Filing Fees
You have to pay an administrative “filing fee” in order to file a lawsuit. The fee for a small claims case is usually much cheaper than in other courts. - Speedy Trials
Cases in small claims courts usually move more quickly than a traditional lawsuit, and can be resolved in a few months. One reason for this is that small claims courts usually limit what motions parties can file and what discovery can be done. The idea is that the parties need to have their own evidence, and a lot of the issues can be worked out at trial. - Informal Proceedings
Hearings and trials in small claims court can usually be conducted informally (more Judge Judy than Law and Order). This makes it easier for a pro se litigant to present the facts of his or her case to the judge, without worrying too much about technical rules of evidence.
Disadvantages of Small Claims Court
Small claims court can be a great place for an individual to represent themselves on small disputes with companies or individuals. However, there are also some real downsides. The limited discovery means that you don’t get a chance to find out what evidence the other side is presenting, to talk to their witnesses before the trial, or to find out if they are hiding anything from you. The lack of motions means that you often have to be prepared for an entire trial without having resolved many issues ahead of time. As one judge once told me, small claims was “trial by ambush.”
Conclusion
Any legal case can be complicated, especially if the other side is represented by an attorney. If you have questions, you should consult an attorney for advice or talk to courthouse staff about what resources there might be to help you file or defend a small claims action. For instance, D.C. has a Landlord-Tenant Clinic and Consumer Law Helpdesk at the courthouse where volunteer lawyers help explain law and procedure if you’re representing yourself.
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