Advantages and Disadvantages of Small Claims Court

Advantages and Disadvantages of Small Claims Court You can go to small claims court if you’ve unsuccessfully tried to get compensation for your damages through other means. If negotiations haven’t worked, mediation hasn’t been an option, and arbitration is is impractical for some reason, small claims court offers you another option. Small claims court does have its benefits: it’s easy for just about anyone to handle, you don’t need a lawyer to argue your case for you, and you don’t need to know a lot about court protocols or how to impress a jury.

Your case will be heard before a judge who knows that those not normally involved in legal proceedings are presenting their cases. It’s a pretty quick process to get your case heard through small claims court. You file your case and will have a hearing within a few weeks (a couple of months at the longest). You may spend as little as 10 minutes before a judge. What does the judge need to know? He or she needs the facts of the case, laid out clearly.

He or she will want to see what evidence you have to back up your case. Then the defendant will present their side of the story. After that, the judge will make a decision. It’s that simple. Unlike a more involved civil case, small claims court cases are inexpensive to file and process. Small claims court does have its drawbacks though. Most limiting is that there are state caps imposed on most court awards.

For example, most states don’t let you sue for more than $1500 in small claims court. Other states will let you go as high as $15,000. If the damages you seek exceed your state limits, it’s likely that you can’t have your case heard here. You may also want to file in small claims court simply because this may push an adjuster into settling your case. However again, if your case exceeds state imposed limits, this can be impossible.

If an insurance adjuster is offering you a settlement that’s almost as high as the small claims court limit for your state, then threatening to sue them won’t do much. They have no reason to increase their offer if they know a judge can’t force them to pay much more than they already are.

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