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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.
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If I get taken to small claims court can my immigration status be affected?
No, Small Claims is a civil matter. Immigration status is only affected by criminal matters.
Where is Small Court in New Jersey?
There is no court named "Small Court" so I assume you are asking about Small Claims Court. In NJ, there is no separate "Small Claims Court" - all small claims cases are heard in the Special Civil Part of the Civil Division of Superior Court in each county. To find your local information, use the related link below. Select your county and look for that county's Superior Court - Civil Division. That will be the contact information for small claims cases. The link to the court website is the court name in blue; the court website will have details about small claims cases in that county.
Can a civil court appeal be filed immediately when a judge in small claims court gives his ruling?
Yes
What is the difference between a small claims lawsuit and a civil lawsuit?
A small claims lawsuit is a simplified court process for resolving disputes involving smaller amounts of money, typically up to a certain limit set by law. In contrast, a civil lawsuit involves larger claims and follows formal court procedures, often requiring legal representation. Small claims courts are designed to be accessible and efficient for individuals representing themselves, while civil lawsuits may be more complex and involve more legal processes.
If i have a case against someone in small claims court that was dismissed with prejudice could i file i case in civil court?
No. Dismissed with prejudice means the case has already been adjudicated, and that res judicata would prohibit bringing the case again. Furthermore, small claims court is a level of civil court that has a lower monetary jurisdiction than other levels. The alternative to civil court is criminal court, and small claims cases are not, by their nature, criminal matters.
How do you file a lien on a Florida drivers license?
you cant it all civil court cases and small claims now
Is a contract dispute with a customer a small claims or a criminal case?
A contractual dispute with a customer would be considered a civil matter, not a criminal one. It could be a small claim depending on your state's small claims maximum, which can be found by contacting your local court.
What is the maximum recovery amount in small claims court in New Jersey?
In New Jersey, the maximum recovery amount in small claims court is $3,000. The purpose of small claims court is to provide a simplified and inexpensive process for resolving disputes involving small amounts of money.
Can you ask for community service in small claims court in order to pay a judgment?
No. Community Service is imposed for criminal law; the small claims court is for civil actions. All they can do is agree the debt owed to you, and enforce settlement.
If you rent a car for someone can you sue them if they don't reimburse you?
You might be able to sue in small claims court if you can establish to the judge's satisfaction that there was a verbal contract involved. Check the laws in your area concerning small claims civil court.
Why we go to magistrate?
It depends on the country and what kind of magistrate. In the US, a magistrate can refer to two different things. They can be a civil magistrate. For small claims court, the civil magistrate acts as the "judge." In civil court, the civil magistrate files the case for the judge, if I'm not mistaken. For criminal court, the magistrate is the one whom charges are filed with. What happens next depends on the type of crime. If it is a misdemeanor, the magistrate passes control to a prosecutor (often an assistant district attorney). If it is a felony, the magistrate passes control to the grand jury. The magistrate also decides the bail and custody arrangements until a judge decides otherwise.
In Michigan how long can a vehicle repo judgment last?
It depends on if it was a small claims judgment or a civil judgment. Small claims are good for 6 years from the date of judgment and civils are good for 10 years. The judgments can be renewed before they expire.
