Has anyone every gone through the small claims court process?
the court said the filling fee is $30.00 does that cover court cost and judge fee's? from the time you file how long does the process take a few days/ weeks or months? i am new to the whole idea of sueing someone can some one explain the process
Answer:
I have gone through it four different times and am 4-0 lifetime. It seems intimidating but it's not so bad. The people at the courthouse talked me through how to file the papers, the amount to sue for, covering the court costs, etc. The reason more people don't use small claims is the time factor involved as well as not quite knowing where to go and what to do. To answer your question, your case will usually come to the docket about in about 4-6 weeks. Sometimes the judge will give you the option of mediation, which will go real quick. Also, you do not need a lawyer. However, just be prepared with your facts and details of the transgression. One last thing; once you get the judgment in your favor, you need to go the extra step to enforce it, but that can be done fairly easy. Give them hell and good luck!
The $30 covers all fees. The clerk at the courthouse where you file can tell you when your case will be or you can sometimes request a specific date. The dates available will be determined by how many cases there are to be seen. It's really easy. Good luck!
I went through it a long time ago. The filing fee covered my costs except for the notification of the person I was suing. There I had a choice of a registered letter (low cost and may have been included in the fee) or having a deputy serve the papers (high cost). I don't recall exactly how long it took to get to court but with the filing and notification I would say at least a couple of weeks. The other person did not show up in court but I still had to have proof of my claim to show the judge. I got the judgement but it clearly stated that I was on my own trying to collect. I never got a cent. Good luck.
The filing fee is the fee that you pay to have the judge or arbitrator hear the case. That is the court cost. Attorney fees are any amounts the other party paid for legal advice. Once the judge hears the case, a decision will be made. It is likely the judge will continue the case but in most small claim cases, it is decided then and there. How long it talke for the case to be heard depends on how far into the future case are being set (calendared). Also, there has to be time for the the defendant to be served with the papers and then they have a certain amount of time to "answer" the suit. When you answer the suit, you have to pay a fee, just as the plaintiff paid when he filed the suit. If the defendant isn't served within the amount of time necessary prior to the hearing date, the date can be re-calendared. You have to answer the complaint onces served or you can automatically lose the case with a default judgement being entered. If this happens, you can appeal. If you lose even though you appeared, there is no appeal. So make sure when you come to court, you have all of your facts straight and any witnesses that you think are relevant should come. Some judges will not read affidavits so make sure of this before you bring an affidavit instead of a live witness.
Hope this helps.
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