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Small Claims Courts were established so that private citizens could bring civil actions for small amounts without the necessity of using an attorney. You are not precluded from using the advice of legal counsel if you wish, HOWEVER - if the other side is NOT represented by counsel the hearing officer may NOT allow the case to go forward (in the interests of fairness and equity), without both sides being "equally represented."
Check with the Clerk of Court's office for the proper procedures to follow in YOUR particular jurisdiction.
Wiki User
∙ 13y ago
Wiki User
∙ 15y agoIn theory, no. That's what small claims courts were established for. Unfortunately, lawyers are rarely prohibited from representing clients in small claims case, so you may be well-advised to have a lawyer if the case is complicated or involves legal issues rather than factual ones.
Wiki User
∙ 15y agoNo. In fact, in most jurisdictions, lawyers are never allowed in small claims courts unless they are being sued in a small claim.
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When the attorney for the plaintiff does not show up in a small claims court is the case dismissed?
In small claims court, if the attorney for the plaintiff does not show up, the case may still proceed. However, it ultimately depends on the judge's discretion. The judge may choose to dismiss the case or reschedule it for a later date.
One must always be represented by an attorney in a small claims court?
Check your jurisdiction - but generally No - the whole purpose of a small claims court is that you are NOT required to have counsel.
Do you have to give deposition at defendants lawyer's after filing small claims suit?
Defendant should not have a lawyer in Small Claims Court. Most small claims actions forbid having an attorney appear unless the attorney is the plaintiff or defendant.
Can you claim defermation of character in small claims court in South Carolina and how much for?
No, you can not i have verified this with the clerk of court and an attorney locally.
Do you need a lawyer in small claims court?
At the very least, anyone suing a landlord should educate himself or herself about the forms and process, and asking a lawyer how to do that might be an efficient although expensive method. There are many books and online articles about small claims court. Most small claims courts do not allow any attorney to represent a client in court, but that doesn't mean you can't hire one to help you avoid court or to prepare for court.
Do you have to be present at small claims court?
In small claims court, you as the plaintiff or defendant do need to be present during the hearing. If you are unable to attend, you should notify the court in advance and seek rescheduling or alternatives like representation by an attorney or authorized agent.
How do you get a court order to get property?
You will need to file a lawsuit requesting an injunctive relief. For that, it is strongly recommended that you have an attorney represent you. It will cost a lot less if you sue the person for the value of the property in small claims court. In small claims, you don't need an attorney (in fact, they are not allowed). See the below link.
Who decides if civil or small claims?
The plaintiff decides. However, there are two main exceptions: If it is over $5000, it must be tried in county court. And, if the Defendant wishes, he or she may remove the case from Small Claims court to county or district court where he or she may be represented by an attorney. Be careful, if you file in small claims court and it is removed, you will lose the right to trial by jury.
How to get a court order for return of property?
To get a court order for the return of property, you will need to file a lawsuit in civil court, specifically a replevin action. You must prove that you have a legal right to the property and that it is wrongfully being withheld. The court will review the evidence presented by both parties before deciding whether to issue an order for the return of the property.
Can you file a law suit for a wedding based on fraud?
Yes. As long as you have enough proof to convince a judge then you can sue for damages. You should consult with an attorney or inquire at small claims court if the damages are not over the limit in your jurisdiction.Yes. As long as you have enough proof to convince a judge then you can sue for damages. You should consult with an attorney or inquire at small claims court if the damages are not over the limit in your jurisdiction.Yes. As long as you have enough proof to convince a judge then you can sue for damages. You should consult with an attorney or inquire at small claims court if the damages are not over the limit in your jurisdiction.Yes. As long as you have enough proof to convince a judge then you can sue for damages. You should consult with an attorney or inquire at small claims court if the damages are not over the limit in your jurisdiction.
Why might some states prohibit lawyers from appearing in small claims court?
Small claims court are designed to be quick and cost effective. If one side shows up with an attorney, thing start to escalate and the efficiencies go away.
How do you sue parents whose child hurt another child?
You can file a case in small claims court if the dollar amount of the damages qualify. If the damages are higher than allowed in small claims court then you should consult with an attorney who can review the situation and explain your options. You need to have bills to prove expenses and also some proof that the damage was done maliciously.You can file a case in small claims court if the dollar amount of the damages qualify. If the damages are higher than allowed in small claims court then you should consult with an attorney who can review the situation and explain your options. You need to have bills to prove expenses and also some proof that the damage was done maliciously.You can file a case in small claims court if the dollar amount of the damages qualify. If the damages are higher than allowed in small claims court then you should consult with an attorney who can review the situation and explain your options. You need to have bills to prove expenses and also some proof that the damage was done maliciously.You can file a case in small claims court if the dollar amount of the damages qualify. If the damages are higher than allowed in small claims court then you should consult with an attorney who can review the situation and explain your options. You need to have bills to prove expenses and also some proof that the damage was done maliciously.
