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SMALL CLAIMS PREPARATION

What is small claims court? 

 Small claims court is a special court where disputes are resolved quickly and inexpensively.  In small claims court, the rules are simplified and the hearing is informal.  The person who files the claim is called the plaintiff. The person against whom the claim is filed against is called the defendant. 

​How can I help you?

I can not appear for you in small claims court, but I can help you prepare the SC-100 claims form, retain a process server to serve the complaint, and help you prepare for trial by explaining the legal concepts underlying your case and organizing the evidence you will need to prove or defend your case at trial. I can also contact the opposing party to attempt to resolve the case prior to trial.

SMALL CLAIMS APPEAL

What is a small claims appeal?

When you appeal a small claims judgment, you ask the superior court to change the small claims court judge's decision. You will have another court hearing (called a "trial de novo" which means new trial) and you must present your case again. Your appeal hearing will be heard in the Civil Division of the Superior Court, which means you are allowed to bring a lawyer to represent you in the new trial.

Only a defendant can file an appeal of a small claims judgment. But if you are the plaintiff, and the defendant counter-sued you by filing a Defendant's Claim in response to your Plaintiff's Claim and you lose, you can appeal.

 You must file your appeal within 30 days of the date the small claims judgment was mailed to you. This date will be on your copy of the small claims decision. Please do not delay in contacting me if you wish to appeal your small claims case.

 


I offer a free consultation to review your matter and will discuss what options are available to you. With an attorney on your side, it may even be possible to resolve your claim without the need of appearing for trial. Should you decide to retain me, I charge a flat fee for this service. Please call for details. 

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