small claims court

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small claims court

A court of limited jurisdiction, meaning it will not hear disputes larger than a certain dollar amount.It is usually intended to be fast,informal,and not dependent on technical rules of procedure or evidence that would give an advantage to persons with lawyers. Matters pertaining to title to real estate,rights of occupancy under leases,or requests for injunctions normally cannot be heard in small claims courts, but suits for real estate commissions, collection of unpaid rent, or minor property damage would be appropriate. Normally the losing party may appeal to a somewhat higher court and automatically obtain a completely new trial. Most states allow corporate officers or employees to represent the corporation in small claims court, even though this technically constitutes practicing law.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.
References in periodicals archive ?
Our family driver recently settled a case in a small claims court. He had been hit by a car driver who refused to pay for his hospitalization and even filed estafa charges against him.
Ronan, an attorney with the AOC, agrees that effective January 1, 2011, parties may file in small claims court to enforce liens under the Self-Service Storage Facilities Act, and states that she will work with the AOC's Education Division to make sure that small claims courts' judicial officers are better educated about the changes.
Elikann said he suspects the constitutionality of taking people to small claims court to enforce payment will probably be appealed.
Small claims court is designed for disputes involving small amounts of money (from a few hundred dollars up to $5,000, depending on state limits) without long delays and formal rules of evidence.
In a law review article almost two decades ago, King (1977) argues against allowing lawyers in Small Claims Court because "[i]t is more difficult to maintain the informality of the proceedings when a lawyer is present to raise technical objections." (p.61) Yet, all but a small minority of jurisdictions permit lawyers to initiate lawsuits on behalf of plaintiff.(6)
Established in 1976, Missouri Small Claims Courts are a relatively new development.
Finally, decide if you've exhausted all your initial options and should let it go, or determine if you should go to small claims court or call a lawyer.
The small claims court process could be a quick and cost-effective method of pursuing these claims if the ceilings on the amounts being sought in small claims courts could be raised.
It has been an extreme pleasure to chair this committee as we adapt the Small Claims Court Rules to the changing technology in the legal system and procedures of the small claims court in Florida.
If these two steps do not work, then the victims of the Barklys and Screeches of Eugene can file a complaint in small claims court. The complaint requests a remedy for "interference with the use and enjoyment" of the aggrieved party's home and property.