Small Claims

Understanding Small Claims Court and Your Legal Plan Coverage

Your LegalEASE Plan is designed to provide access to attorneys for a wide range of personal legal matters. However, not all legal issues require full attorney representation, especially when the cost of legal action outweighs the potential recovery. In most cases, Small Claims Court is the best option for resolving disputes efficiently and affordably.

Lost or Stolen Goods

Who pays for undelivered goods? Consider the typical situation where you ordered goods by telephone from a mail order catalog. Or, you ordered goods from a local store. In each case, you were required to pay in advance of receiving the goods.

In the Courtroom

There are certain rules and procedures, which must be followed when you get to court. First, both sides should appear at the proper place at the proper time and respond to the clerk when your case is called.

Serving the Defendants

This section deals with the actual notice given to defendants when they are being sued and what happens if there is not proper notice.

Service

All courts will require you to provide proof that you have actually given notice of the lawsuit to all of the defendants. The courts strive for actual notice to each party.

Getting Your Case Filed

To begin a case in Small Claims Court, the first step is filing the correct paperwork.

Forms

Evidence - Expert Witnesses

Certain witnesses are allowed to testify in certain cases on matters which the judge or jury may not be able to understand clearly. Small Claims Courts have a means for allowing certain witnesses to come to court and testify about certain evidence, just as in regular court. These witnesses are often called expert witnesses.

Evidence - Eye Witnesses

Much of the evidence received in court is through witnesses. When you are deciding to sue, and you have an eye witness, be sure that you have that witness in court to testify. If a person saw the accident on which you are suing, either contact them to bring them to court, or subpoena them. The Small Claims Court clerk will tell you how to subpoena witnesses.

The Other Party's Evidence

If you decide to sue in Small Claims Court, look at all you must overcome to win your case.

Collecting Evidence

If you have decided that pursuing a small claims case is in your best interest, you must decide to see if it can be won with your evidence. If you need to fight an uphill battle, it may not be worth taking the case to court. Remember, the plaintiff, the person bringing the suit, has the burden of proving each element of their case.

Defendant Advice

What if you are the Defendant?

If someone files a lawsuit against you, remember that the burden of proof is on the plaintiff. The person suing you must produce evidence that shows that what he/she is arguing actually happened and that he/she was wronged in some manner. If the plaintiff fails to introduce this evidence you will win, no matter what actually happened.

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