Small Claims Court Procedures

Small claims courts are specialized courts that handle civil cases involving relatively small amounts of money, typically $10,000 or less. These courts are designed to be more accessible and less formal than regular civil courts, and allow parties to represent themselves without an attorney. Landlord-tenant disputes are a common type of case heard in small claims courts, and may involve issues such as:

Unpaid rent or damages to the rental property
Return of security deposits
Illegal evictions or lockouts
Habitability issues and repairs

The specific procedures for filing and pursuing a case in small claims court vary by jurisdiction, but typically involve the following steps:

The plaintiff (the party bringing the case) files a complaint with the court and pays a filing fee.
The court serves the defendant (the party being sued) with a copy of the complaint and a summons to appear in court.
The parties appear in court for a hearing, where they present their evidence and arguments to the judge.
The judge makes a decision and issues a judgment, which may include an order for one party to pay money to the other or to take certain actions.
The winning party may need to take additional steps to enforce the judgment, such as requesting a wage garnishment or lien on the losing party’s property.

Small claims court procedures are generally simpler and quicker than regular civil court procedures, but still require careful preparation and adherence to deadlines and requirements. Parties should gather all relevant documents and evidence, such as the lease agreement, rent receipts, and photographs of damages, and practice presenting their case clearly and concisely to the judge. Some courts offer mediation services or online dispute resolution options as an alternative to a formal hearing. While small claims court judgments are legally binding, they may be more difficult to enforce than regular civil court judgments, particularly if the losing party has limited assets or income.