|
The following information on procedures is not intended to be a manual
or comprehensive instruction guide. It is intended to be a short and
simple informational statement about basic requirements and procedures.
WHAT IS SMALL
CLAIMS COURT
Small Claims court is an informal court which allows people to sue for
losses of money or property of $10,000 or less. The procedures are simple
enough so that people can file and handle their own claims without
needing an attorney.
Who may sue or be sued? Anyone over the age of 18, a
company, a government agency or organization. If one of the parties is
under 18, a parent or guardian must represent them. See the brochure on
Small Claims Court for more information about who can represent the
parties. The person who files a lawsuit is called the plaintiff.
The person who gets sued is called the defendant.
Where do I file a claim? Generally, the claim must be
filed where the defendant resides, or if the defendant is a
business, where the office is located. Ask the Clerk about exceptions
to this rule.
What is the filing fee? It depends on the amount of
the claim. The claim must be under $10,000 to be accepted in Small Claims
court. The fees and costs are paid by the plaintiff at the time of
filing. These amounts may be changed by law and include postage
charges, so the plaintiff should check with the Clerk.
THE USUAL PROCESS
The case starts when the plaintiff files a claim with the Clerk of
Court. Notice is given to the defendant, who then has time to file an
answer with the Clerk, or to try and settle the claim with the
plaintiff. If the defendant does not answer and does not settle the
case, a default judgment may be given to the plaintiff. If the
defendant answers but denies the claim, a hearing will be set before a
judge. If the defendant admits the claim, a judgment may be given to
the plaintiff. The award of a judgment does not guarantee payment of
the claim. Neither the Clerk nor the Court will enforce the judgment;
that is up to the plaintiff. A judgment is final and cannot be appealed
to another, higher court; however, a case may be removed to circuit
court before a judgment is entered. A Judgment from Circuit Court is
appealable. Ask the Clerk for information on how to do this.
PREPARING FOR YOUR HEARING
1. Prepare even before knowing you will have to
sue.
Keep a file of receipts, letters, photos, records; anything that might
one day become proof. In court, speaking from memory is not convincing
without some other evidence.
2. Properly file your claim.
Ask the Clerk any questions you have about the form. Make sure you have
the complete name and address of the person you are suing. If suing a
corporation, call the Secretary of State for their official address for
service of process.
3. Do not trust trial information provided by the opponent. For example, if the person suing you
says they have dropped the case, call the Clerk to find out if this is
true. If you do not show up on time and your opponent does, you will
lose the case.
4. Prepare for the hearing.
In advance, organize your argument and the evidence that supports it.
Start with a quick summary of your key points. Then present each item
of evidence. Explain how each item supports one of your key points.
Bring copies of exhibits for the other party and the court. You will
have to pay for copies if the Clerk has to make them for you, and this
may cause a delay. Original documents are kept in the court file.
5. Make sure you bring the witnesses you need. If any witness will help your case,
ask them to come to court with you. If any witness will not agree to
come, ask the Clerk about getting a subpoena to require them to appear.
There will be a fee for the subpoena, plus you will have to pay the
witness some fees. A signed affidavit is not the same as a live witness
and it might not be considered by the judge.
6. Don’t rely on how well you can argue.
Remember that your opponent has had time to prepare, too. Don’t be
surprised if they sound very convincing. You need more than arguments
to present your case; you need evidence. Act professionally. Court is
not the place to make personal attacks against the other party. State
your position clearly and concisely. Writing down points you want to
make can be helpful. Show respect for the court and the other people.
7.
Don’t leave anything you might need at home.
Bring it, even it it’s something you might not use. It’s better to be
prepared with too much proof than too little.
8. Respect court personnel and rules at all times. If the court
can’t trust you to cooperate with its rules and behave properly, they
may not trust the things you say, either. Neither the Clerk nor the
judge can or will advise you about what you should do. You will
be expected to show up on time, dressed appropriately, and ready to go.
The Clerk’s office is NOT able to do your research for you.
9. Read other brochures. The Unified Judicial System has a
brochure regarding its small claims procedures available in the clerk’s
office or on our website at
www.sdjudicial.com. |
