Small Claims Court is the best venue for civil law cases that American citizens can to go to settle disputes peacefully.
Small Claims Courts allows citizens to represent themselves. Lawyers are not suggested and or permitted unless it is representing a corporation. A proxy is preferred and must register with the court if either party is unable to appear in court. Each state has its own monetary claim limit. In most states it’s still no more the $5,000.00. There are also filing fees that range from $35.00 to $75.00.
America has been entertained and educated by several court reality television shows for several years. Most of the cases presented are landlord - tenant claims and family disputes.
Landlord - Tenant Claims involve many elements. A few main elements are delinquent rental payments, rental property in disrepair, refund of security deposit and more.
When a tenant has not paid rent in sixty days, the tenant is delinquent. Sometimes, the tenant can work out new terms of payment before being served eviction orders. Landlords normally go through their local court to perform a legal eviction.
When a tenant feels unsafe due to a rental property being in bad condition, the tenant can go to small claims court to get repairs done. Whether it is a tenant filing a petition to put rent payments in escrow or asking for a refund and moving expenses, the tenant must provide proof. Proof consist of written conversations with the landlord and pictures and video of the poor condition of the property.
A tenant can ask for a full refund of the security deposit if the rental property is in the same condition as when they moved in to the property. Another reason for a full refund of the security deposit is if renters did not receive adequate housing and service. Both requires written correspondence between the two parties and video evidence.
Sadly, family disputes are another source of small claims court cases. Wills and trust are needed when families don’t agree on financial equity of a loved one’s estate. Often small monetary amounts are in dispute based on personal feelings and verbal agreements. Again, written correspondence are important when representing yourself in small claims court.
Small Claims Court is often needed to resolve various consumer disputes as well.
In conclusion, it you have a dispute, consider filing a claim in small claims court. And if needed, ask for help with preparing your case with a legal professional.
Please note, this is not legal advice and is only for educational and informational purposes only.
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