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Small Claims

Small claims are informal disputes that are resolved quickly, without an attorney in a small claims court. Depending on the state, small claims usually involve less than $1,000.

464 Questions

What is Form 7.343 used for?

Florida Small Claims Form 7.343 is Fact Information Sheet. It has two versions: (a) For Individuals, (b) For Corporate Entities. In a judgment in small claims court, the judgment creditor is the person to whom money is owed. The judgment debtor is the person who owes the money.

At the request of the judgment creditor (or the creditor's attorney), the judge will order the debtor to complete Form 7.343 within a specified time.

How long does a small claims court judgment stay on your record in Georgia?

A small claims court judgment stays on your record permanently unless it is satisfied, then it will probably still be there but show satisfied. Most people do not look at a judgment if it is over 7 years old.

What is the best way to take someone to small claims court?

The Clerk of the Court at your nearest courthouse can walk you through the steps of filing a small claims suit. They have all the necessary forms, fee schedules and information you need. Apart from that, make sure you build your case well. Gather any receipts, contracts, paperwork, witnesses, photos or other evidence you may need to prove your case and create an chronological outline of dates and events so you sound prepared when explaining your case in court. You will be required to go to the courthouse, file the application, get a court date and pay a server to deliver the notice to the person you are suing. There is usually a limit on the amount of money that can be requested in a small claims court. That limit is determined by state statute, but all necessary information should be available at the court and the people there should be helpful.

What recourse does a lender have to recover money owed when only small payments have been made for two years and there is no promissory note and the amount is too large for small claims court?

If you continue to receive payments, then all you can do is ask if they can increase the amount so that it pays off quicker. You could also ask the person to take out a loan and pay you with that, this way they can pay back the bank - not you. Without an IOU or note, you can still win in court. You just need evidence that you loaned the money, evidence that they are making payments (they wouldn't be making payments for fun, a judge will know that they owe you money) and anything else that will help your case. If it is too much for small claims, then keep receiving payments until it is small enough. Just some ideas, good luck.

Side note: never lend out money without a promisary note and payment plan. It is best to just not lend money out at all, but if you must do it, then do it the right way so you don't end up in this situation.

What is a civil judgment against drivers license I have lived in Florida for 4 years with valid license now Kentucky says my license is suspended due to civil judgment although I have FL license.?

This means that either you had a debt u didn't pay and the debt was turned over to a court which then, in turn issued a civil judgement for payment against you. Or you have outstanding ticket or fines and didn't pay them and you are showing a judgment agaisnt you. Some states will also do this over back child support that you may owe. Hopes this helps. Also, call the county clerks office in your county. They aren't attourneys, but they can sometimes help you establish where in fact the judgement stems from.

In Nevada can your only vehicle be taken if you don't pay a judgment from small claims court?

If the court order is to lien your assets, yes. Possibly, if there is a loan against the vehicle, the lien may not be able to attach it. You must check locally and carefully read the judgment against you.

How can you sign up for Caso Cerrado?

Call Caso Cerrado! Look online and try calling their numbers! It will help.

Is it true when you invite someone in your home and later come back to rob you can you recover stolen items in small claims court?

No, you won't have to do that. It doesn't work that way. When the defendant is arrested and the goods he stole from you are seized and impounded to be produced for evidence at his trial - once the trial is over and the need for the evidence no longer exists, the police will return the stolen property to you at no charge.

How do you file a claim in small claims court?

Generally, the Clerk of the Court where the suit is to be filed can provide you with forms to use. Suit usually gets filed in the locale where the person or one of the persons being sued resides or does business, or where the wrongful act occurred.

Briefly, the claim must state a short and plain statement of the basis of the complaint. Any documents upon which it based, such as a written contract, must be attached. You must also ask for damages, generally in the form of money or its equivalent. Small claims courts do not ordinarily have the power to award equitable relief, such as an injuunction (an order prohibiting someone from doing something).

The Clerk will charge a fee for filing the complaint. The amount depends upon the state in which you file, sometimes by county, and sometimes by the amount of money that you seek. Note, though, that there is a limit to the amount that may be sought in a small claims case, which is set by the law of your state.

The claim must be served (delivered) upon the defendant and each of them. Therefore, a summons must accompany the claim, which tells the sheriff or other process server where to serve the claim. It also tells the person being sued (the defendant) that he/she/it must file an answer within a fixed period of time, or appear for a hearing on a given date. The sheriff will charge a fee for serving the claim. Sometimes, the claim may be served by certified or registered mail. To determine that, you should ask the Clerk of the Court.

If you win your case, you will usually be able to recover all costs incurred in filing and serving the defendant with the summons and the claim.

Will a written statement help in small claims court if the witness cannot appear in court?

Yes it needs to be signed dated and notorised. Then it will not carry as much weight as a live witness but depending on what the statement says it has the potential to help.

Do I have to go to small claims court to evict a friend that has been living in my house for 2 yrs. She thinds I do because she pays the cable and internet bill. We only have a verbal agreement until?

Yes, you would have to proceed to Housing Court (which is generally a division of Small Claims/Civil Court). If you have a verbal contract that formed a leasehold, she is considered a tenant.

How do you sue someone for an amount larger than allowed by the small claims court?

Civil Court * The person wishing to bring the suit (plaintiff) will need to file suit in the next highest court in the county of the state where the debtor resides. That is usually the state circuit court or in some states a superior court. All lawssuits are considered civil action and all courts hearing those suits are referred to as civil courts.

Will a small claims judgment prevent you from getting a job?

that depends on the employer. Judgments show up on credit reports and many employers run credit checks so sometimes it will keep you from getting a job and sometimes it won't.

Is double jeopardy applied in small claims?

Yeah it's estoppel, whether it be collateral estoppel or any other estoppel, it is estoppel, although estoppel and double jeopardy are synonymous. In civil matter, it's called "res judicata". That's civil double jeopardy. A case dismissed with prejudice or found that the defendant is liable will result in res judicata.

If you are given a judgment by the court and the defendant disappears what can you do?

Have the judgment recorded with the recorder's office in whatever state and county you are in. It won't help you collect on the judgment, but if that person tries to sell or buy property there will be a lien that will have to be cleared up prior to doing either.

Can a lawsuit against a defendant be filed in a different county?

The court where the lawsuit is filed must have jurisdiction. One of the persons in the lawsuit must either reside there, or the cause of the lawsuit had to occur there.

How do you write a demand letter prior to filing a small claim?

A small claims demand letter should be written in a clear and concise way, but should not be abusive or threatening. It should start out with a recollection of the events in question. Then you should tell the other party how much money you are asking for and explain why you have a legal right to payment. Finally, put a deadline for response to the letter (usually 10 business days is fine) and encourage a peaceful settlement.

The Related Links section below is helpful for writing a small claims demand letter.

What is considered a small claim in small claims court in Illinois?

To sue someone in Illinois as a small claim, the amount you are suing them for must be $10,000 or less. In small claims cases, the court can award money only; it cannot order someone to do or not do something. For more information on courts in Illinois and small claims resources, see the related link.

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 declarative relief in legal terms?

Declarative relief is a declaration made by a court at the request of one of the parties. For example, in a libel suit, the plaintiff might ask the court to declare that an allegedly libellous statement was indeed libellous, i.e. untrue. That would have the effect of publicly clearing the plaintiff's name.