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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.
What else can I help you with?
Is a case in small claims court considered a civil case?
Yes, a case in small claims court is considered a civil case.
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.
What is the maximum recovery amount in small claims court in New Jersey?
$15,000. In NJ the "small claims" court is called the Special Civil Part of the Superior Court, Law Division. Court Rule 6:1-2(a) fixes the maximum amount that can be sued for in the Special Civil part.
Can a civil court appeal be filed immediately when a judge in small claims court gives his ruling?
Yes
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.
What is the difference between a small claims lawsuit and a civil lawsuit?
small claims the rules in court are usually laid back depending on what state you are in and the dollar amount is usually under $15,000 civil lawsuit is similar but the rules are more complex and it is usually for a much higher amount. some states allow attorneys in small claims some dont. attorneys are allows authorized to represent someone in civil court. JUDE KAGABINES LEXINGTON SC
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.
How do you file a lien on a Florida drivers license?
you cant it all civil court cases and small claims now
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.
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.
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.
