Small Claims

What happens if someone sues you for causing property damage to their property? The best defense is always to outline each element of the plaintiff's case, and then ask yourself what proof the plaintiff has on each element, and what proof you can introduce or bring to court to disprove the plaintiff's version.

Trees protruding onto your property can cause undue stress and arguments between neighbors. The general rule is that if a neighbor's tree is causing actual problems with your property, or interfering with the use of your property, then you have certain rights as to that intrusion.

When your claim is proper matter for Small Claims Court, contact Member Services or your Plan Attorney to be sure that:

Court Dates/Changes/Postponements: One of the hardest things for persons using the court system to get used to is the ease with which courts reschedule dates and times, almost without regard to the number of days you have taken off of work, or hired a babysitter. Unfortunately, you can ask, but you can almost never recover these costs of continuances or delays.

Small Claims are usually issues or disputes involving less than $5,000 USD. Small Claims were designed to enable persons to avoid paying attorney fees for representation in disputes where the attorney fees might cost more than the amount of lawsuit. Call your local Small Claims Court Clerk to find the actual limits in your state.

There are many considerations when deciding whether or not to pursue your case or not. Suing a person or business requires time, money and effort. You will be representing yourself, and you must appear and file any papers required of you. Before filling a lawsuit, consider if the rewards will be worth it – or even if you can collect.

Certain other limitations in Small Claims Court can prevent you from winning your case.

Statute of Limitations

Small claims court is a unique court where matters are resolved quickly and inexpensively. In this type of court, attorneys are typically not allowed. The person filing the claim is called the plaintiff and the person whom the claim is being filed against is called the defendant. This section assumes that you have brought the lawsuit and that you are the plaintiff.

What is a Warranty? Warranties are guarantees made usually by manufacturers or service companies which may describe the terms by which services, repairs, replacement, or maintenance will be conducted should any such work be necessary.

In small towns or cities, there is often no problem with determining the proper Small Claims Court, or the proper branch of the court. However in big cities, there may be a number of branches of the Small Claims Court. Whether you are bringing the action in the proper court is a question best answered by the Small Claims Court clerk.


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