How Do Small Claims Court Cases Work?

Small claims court cases tackle proceedings that are below a certain pre-determined dollar amount (which is different for every State). Still, it does not mean that the documents you can gather are any less than what you would in other court cases.


Small claims court cases involve the settlement of criminal and civil disputes, the latter of which fall under a certain dollar amount depending on the location of the court where the case is being heard.

In Louisiana, for example, civil claims are considered “small claims” when they involve landlord vs. tenant disputes, contract, or personal injury cases amounting to $20,000 and below.

In North Dakota, on the other hand, the case has to involve less than $5,000 and should not be more than half a dozen years old to be heard in a small claims court. Traffic disputes often fall under the jurisdiction of small claims courts.

The history of the small claims court goes back to New York ca. 1960 when it was established in answer to the recommendations, in 1958, of the Tweed Commission regarding the state judicial system. By then, there was a dire need for a court where citizens could seek justice even without the services of lawyers.

Small Claims Court Cases - What Records They Generate

Small claims court cases have the same three basic components as most legal disputes: the case, the hearing, and the ruling. Therefore, online records of such cases comprise records from these stages.

The Case
The case begins when you write a letter to the party you want to file a complaint against, regarding your intention to sue them. If the party you are suing does not settle the matter by making amends or paying what they owe, you can go to court.

To do this you need to file a Claims Affidavit before the clerk of court where you reside and pay the minimal filing fee. You can either have an uninterested third party serve the document or use the US postal system (only certified mail with a receipt is allowed). Some people, upon being served, would try to settle the matter out of court by paying what they owe. If not, you move onto the next stage.

The Hearing
At times, a judge may make a ruling even without a hearing. If you or the party you are suing does not appear during a scheduled hearing, the judge may dismiss your or the other person's claim. Small claims court cases involve informal hearings without transcripts.

The Ruling
The ruling may or may not be made during the hearing. You cannot appeal a small claims ruling and it is valid for a decade, after which it can be renewed for another decade.

Small claims court records may or may not be available online. The National Center for State Courts has a web page that gives detailed information for each state.

However, for easy, uncomplicated searches of small claims court cases, visit RecordsSiteReviews' small claims court records search section for a list of our top picks of court records providers.
 
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