Post by High Priestess on Jul 1, 2016 19:26:20 GMT
Hopefully it will never come to this, because I really recommend avoiding the legal system if at all possible. But if you have to use the legal system, you will probably use small claims court. In fact I thought the only option for suing for damages less than a certain amount (in California, less than $10,000) was to use Small CLaims court. In fact, I was incorrect, and I am posting this in large part to provide information to others who may not realize what I didn't realize -- which is that you can also sue in Superior Court, in which case you can have an attorney assist you (attorney assistance is not allowed in small claims court).
Here's info on this in California:
www.courts.ca.gov/1062.htm
If You Are Suing: Small Claims or a Limited Civil?
If you are an individual and want to file a lawsuit for $10,000 or less, you have the option of filing a small claims case or a limited civil case. If you are a business, you can file in small claims court for $5,000 or less.
In addition to these differences, there are restrictions on what you can ask a small claims judge to do.
Here's info on this in California:
www.courts.ca.gov/1062.htm
If You Are Suing: Small Claims or a Limited Civil?
If you are an individual and want to file a lawsuit for $10,000 or less, you have the option of filing a small claims case or a limited civil case. If you are a business, you can file in small claims court for $5,000 or less.
| Small Claims | Limited Civil |
| Can NOT have a lawyer represent you. | CAN have a lawyer represent you (but you must pay for your lawyer) |
| Filing fees are much cheaper | Filing fees can be expensive |
| Rules and procedures are informal and simpler. | Have to follow all rules and procedures required in "regular" civil cases. It can get very complicated and time-consuming. |
| Case is decided quicker - generally within 3 months.Filing fees are much cheaper | Cases can take up to a year or longer to decide |
| Plaintiff can NOT appeal the court's decision | Either side CAN appeal the court's decision |
| Cannot sue more than twice in one calendar year for over $2,500 | No limit on the number of lawsuits or amount you sue for |
| If you win, the court can order the losing side to pay your court fees and costs. | If you win, the court can order the losing side to pay your court fees and costs BUT if you filed a limited civil case when you could have filed in small claims court, the judge can decide not to order the losing side to pay for fees and costs. |
| Have to be able to serve the defendant in California. If not, you cannot pursue your claim in small claims (with few exceptions) | Can serve a defendant outside of California |
In addition to these differences, there are restrictions on what you can ask a small claims judge to do.