Frequently Asked Questions (FAQs)
Here are answers to some of the most common questions people have about the small claims court process.
How much does it cost to file a small claims case?
The cost varies by state and even by county, but it is designed to be affordable. You can expect to pay a filing fee, which typically ranges from $30 to $150. There will be an additional fee for formally serving the papers on the defendant, which can range from $10 for certified mail to over $75 for using a sheriff or private process server. If you have a very low income, you can apply to the court for a fee waiver, which could eliminate most of these costs.
Can I have a lawyer in small claims court?
This depends entirely on your state’s rules. Some states, like California and Michigan, prohibit attorneys from representing clients in small claims court to keep the playing field level. Other states allow attorneys. It’s essential to check your local court’s rules. Even if attorneys are not allowed in the hearing itself, you can always hire one to help you prepare your case and coach you on your presentation.
What happens if the person I sue doesn’t show up for court?
If you can prove to the judge that the defendant was properly served with the court papers and they still fail to appear, you can ask the judge for a “default judgment.” This means you win the case by default. However, it’s not always automatic. The judge will likely still ask you to briefly explain your case and prove your damages with the evidence you brought. You must still convince the judge that you are entitled to the amount you are asking for.
Can I appeal a decision if I lose?
The rules on appeals also vary significantly by state. In many jurisdictions, the plaintiff (the person who brought the lawsuit) cannot appeal a loss. The thinking is that you chose the venue, and you must accept the outcome. However, the defendant who lost is often given the right to appeal. An appeal typically results in a brand new trial in a higher court, where the formal rules of evidence and procedure will apply.
How long does the whole process take?
The timeline can range from a few weeks to several months. It depends on how busy the court’s schedule is, how quickly you can serve the defendant, and whether either party requests a postponement. Generally, the process is much faster than in a traditional civil court. From filing the claim to your court date is often a matter of 30 to 90 days.
Is a small claims judgment guaranteed to be paid?
No, and this is a crucial point to understand. The court’s judgment is a legal declaration that you are owed money, but the court does not act as a collection agency. If the defendant doesn’t pay willingly, you are responsible for enforcing the judgment. This can be a challenging and sometimes costly process. Before you file a lawsuit, it’s wise to consider whether the defendant has any income or assets you could realistically collect from if you win. Some consumer protection agencies like the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) offer resources on dealing with debt and unfair business practices.
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