This post was co-authored by Barbara Bavis and Robert Brammer, Legal Reference Specialists.
At sometime you may find yourself in a dispute that does not seem worth pursuing because the amount in controversy is small. After all, you do not want to spend five thousand dollars on an attorney for a claim that, assuming you are even successful, is only worth five hundred dollars. However, there is one option that may be of help in a situation like this–small claims court.
Small claims court can be a cost-effective means of resolving a civil dispute where the amount in controversy is under a certain dollar amount (as specified in the rules of court). Small claims cases do not require, and in some jurisdictions may not even allow, representation of parties by attorneys. This eliminates a large expense associated with litigation, making it possible to pursue civil claims for lesser amounts. In small claims court, you and the defendant present your arguments and evidence to the judge, and the judge translates your argument into a legal claim and rules accordingly.
Eligible Claims and Procedure
The first issue you will have to determine is whether your civil claim is eligible for small claims court. Each jurisdiction varies, so you need to look at the rules of court for your jurisdiction to ensure that your claim is under the limit set for your small claims court. To find your state’s court rules online, we suggest using the Guide to Law Online, which is curated by the Law Library of Congress–simply look under the “Judicial” section for each state.
