A civil court case is handled in small claims court, which is a smaller section of the Superior Court. An individual may file a complaint against another person if that person owes money from some prior agreement. Small claims court handles civil matters, and a lawsuit can be filed inexpensively and in a fast manner and without an attorney.
In civil cases, matters regarding a debt owed to an individual must not exceed the established amount of three thousand dollars. The exception to this limit only applies to cases in which a tenant is suing a landlord for return of a security deposit, in which the maximum is five thousand dollars.
In any trial there are two opposing sides known as the plaintiff and the defendant. The person suing to recover an amount of money is called the plaintiff. The person being sued is called the defendant. Cases filed civilly can be breaches of written or oral contracts, money used for down payment, car accidents, damage to or loss of property, faulty product from a manufacturer, payment for completed work, claims for back rent or bad checks, or security deposits.
Malpractice claims against a doctor or lawyer, marital disputes over child support or alimony, or probate matters are examples of cases that would not be filed in civil court or small claims court. These cases usually require more time, are expensive, and require the hiring of legal aid.
To file a civil complaint, the plaintiff must be at least eighteen years old or have a parent or guardian file it for them. A complaint form must provide full name, address, and telephone number of the plaintiff, the amount of money being demanded and reason for suing the defendant. The defendant information must also be completed and identify an individual, partnership, sole proprietorship, or corporation. Upon completion and return of the form, both parties will be notified of a trial date.
Once a lawsuit is filed, there is a fifteen dollar fee due to sue one defendant. There will be an amount due of two dollars for each additional defendant. It will cost seven dollars to send the complaint to the defendant via certified U. S. Mail. These fees can be paid by check or money order.
After receiving a trial date, the plaintiff and defendant must prepare to present their cases. A witness may accompany either side and provide testimonies of their knowledge of the incident. Other evidence can be cancelled checks, receipts, bills, contracts, leases, letters, photographs, or any other documents that would help prove the facts. After evidence is presented, the judge will make a final ruling either in favor of the plaintiff, where the defendant must pay the amount owed, or in favor of the defendant, where the plaintiff is entitled to nothing.
Small claims court was established for the purpose of handling small cases. In this civil setting an attorney is not typically necessary, trials are speedy, and there is an established maximum monetary amount for which cases can not exceed. Presenting a case in civil setting may be a necessary in getting an individual the money that he or she is entitled to have.
In civil cases, matters regarding a debt owed to an individual must not exceed the established amount of three thousand dollars. The exception to this limit only applies to cases in which a tenant is suing a landlord for return of a security deposit, in which the maximum is five thousand dollars.
In any trial there are two opposing sides known as the plaintiff and the defendant. The person suing to recover an amount of money is called the plaintiff. The person being sued is called the defendant. Cases filed civilly can be breaches of written or oral contracts, money used for down payment, car accidents, damage to or loss of property, faulty product from a manufacturer, payment for completed work, claims for back rent or bad checks, or security deposits.
Malpractice claims against a doctor or lawyer, marital disputes over child support or alimony, or probate matters are examples of cases that would not be filed in civil court or small claims court. These cases usually require more time, are expensive, and require the hiring of legal aid.
To file a civil complaint, the plaintiff must be at least eighteen years old or have a parent or guardian file it for them. A complaint form must provide full name, address, and telephone number of the plaintiff, the amount of money being demanded and reason for suing the defendant. The defendant information must also be completed and identify an individual, partnership, sole proprietorship, or corporation. Upon completion and return of the form, both parties will be notified of a trial date.
Once a lawsuit is filed, there is a fifteen dollar fee due to sue one defendant. There will be an amount due of two dollars for each additional defendant. It will cost seven dollars to send the complaint to the defendant via certified U. S. Mail. These fees can be paid by check or money order.
After receiving a trial date, the plaintiff and defendant must prepare to present their cases. A witness may accompany either side and provide testimonies of their knowledge of the incident. Other evidence can be cancelled checks, receipts, bills, contracts, leases, letters, photographs, or any other documents that would help prove the facts. After evidence is presented, the judge will make a final ruling either in favor of the plaintiff, where the defendant must pay the amount owed, or in favor of the defendant, where the plaintiff is entitled to nothing.
Small claims court was established for the purpose of handling small cases. In this civil setting an attorney is not typically necessary, trials are speedy, and there is an established maximum monetary amount for which cases can not exceed. Presenting a case in civil setting may be a necessary in getting an individual the money that he or she is entitled to have.
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