Summary
- Small claims courts allow you to sue for compensation of up to $25,000
- You don’t have to have an attorney, though most states allow it
Some legal actions don’t require the presence of a lawyer. These are typically issues that are resolved in small claims court and involve smaller sums of money than other proceedings. If you’ve asked yourself, “Do I need a lawyer for small claims court?” the answer is probably no — with some exceptions.
Learn more about what the legal requirements of these cases are, how to file small claims lawsuits and when having small claims lawyers by your side may be essential.
Small Claims Courts: What They Are and Cases They Handle
Small claims courts are state courts that allow you to sue a business, person or government entity for financial compensation that falls below a certain threshold. Usually, small claims court will let you file a lawsuit for up to $25,000, though the actual limits will depend on the state.
The majority of cases that these courts oversee involve two people who are struggling with a dispute that they can’t resolve on their own. Some of the most common cases that small claims courts adjudicate include:
- Tenant and landlord issues
- Collection lawsuits
- Neighborhood complaints
- Contractor and homeowner disputes
In a small claims court, a judge will make a decision after hearing from both parties. These cases end with a financial award, which means that everyone filing a lawsuit has to have an appropriate compensatory amount in mind.
Keep in mind that small claims courts won’t provide court orders, also called injunctions, so the ruling cannot force the other party to do anything but pay fees. Small claims court cases are also not the appropriate venue for negligence-based or intentional torts.
One of the biggest differences between these proceedings and criminal or personal injury ones is that you may not need an attorney.
Do You Need an Attorney for Small Claims Court?
When filing a lawsuit with a small claims court, you don’t need to hire a lawyer. In fact, some states prohibit you from having representation in court with you. These include California, Nebraska and Michigan.
That doesn’t mean, however, that you can’t consult with an attorney before the legal proceedings. The court won’t provide one for you, though.
There are some instances when you may want to have a lawyer in court with you if that’s allowed in your state. For example, if you’re suing for a significant amount of money (while still being within the small claims court threshold) or the other party has representation, it can be important to get assistance.
If you’re not sure how to sue someone or if you have other legal questions, hire an attorney to guide you through the process.
How to Get a Lawyer for Small Claims Court
If you choose to hire an attorney, choose who will represent you carefully. Not every lawyer will be suitable for these kinds of claims. In many instances, a litigation lawyer can be helpful because they’ll have experience in court and will be able to present a clear picture of the problem.
If you were in an accident that the other party caused, you may prefer to have a personal injury lawyer with you. For those dealing with contract issues, a business lawyer could provide the necessary guidance.
It can be helpful to look for a lawyer who has at least some experience in small claims court. They will have a better idea of how much you will be able to ask in terms of compensation and how to present a clear case in front of the judge.
Make sure that you know what fees the attorney will charge. If you’re choosing a personal injury lawyer, you may not have to pay upfront fees because they work on contingency. Car accident lawyer fees, for example, will typically be around one-third of your winnings. Other lawyers, however, will charge a flat fee.
What Is the Small Claims Court Process Like?
The process begins when you file the appropriate forms. These will require that you provide a summary of why you believe you should be compensated and state the amount you’d like to receive. You’ll have to also provide the defendant’s full information and pay a filing fee.
When you file, ensure that you’re doing so in the correct county. It’s not necessarily in your county of residence. The case must be filed in the county where the incident prompting the civil action took place.
You will then receive a hearing date and a case number. You must appear in court on that date. Once you know the hearing date, you’ll have to let the defendant know by serving them. You can’t do this yourself but can rely on the court office, sheriff’s department or paid process servers.
On the day of the hearing, ensure that you have all of the documents you need and that you arrive early. The judge will usually have the plaintiff speak first and will then allow the defendant to present their side. You may get questions from the judge or requests for more paperwork.
The judge may take the case under advisement if they’re not ready to rule, but the majority of the time, you’ll walk away from the proceeding with a resolution. If you win your case and are awarded money, you’ll have to collect it yourself. The court won’t help you do so.
Get Guidance From a Lawyer
Whether you prefer not to represent yourself in small claims court or you would like some advice before doing so, hiring an experienced lawyer can be essential. At ConsumerShield, we can put you in contact with leading attorneys near you who can help you manage your small claims court proceedings.
Contact our team to speak with one of our team members.
