How to Determine if a Case is Eligible for Small Claims Court

Small claims court is usually a quick, easy and inexpensive way to resolve a lawsuit where you are seeking a small settlement. Common reasons to take a person to small claims court are if someone neglects to repay a loan, to fix damage to property or to correct a faulty service or product. If you're not sure if your case is eligible for small claims court, read these tips and find out what to do.

Instructions

1. Find out about your local laws. The maximum amount you can seek varies from state to state. Generally, this amount will fall somewhere between $2,500 and $10,000. You can contact your local court to find out more information.

2. Realize that you have to try to settle the dispute on your own before you file a claim in Small Claims Court. The judge will usually ask you what you have done to get the problem resolved prior to coming to court.

3. Know that you will need to present evidence or witness testimony to prove your case. If you are missing vital evidence, you may want to consider hiring a mediator to try to rectify the situation.

4. Determine the cause of the problem. If the cause of the problem was your fault, such as a wreck you caused doing damage to a vehicle, your case is inappropriate for small claims court.

5. Decide on the restitution or settlement you think you deserve. This may be easy to figure out if the reason you are going to court is to get someone to repay a loan. It can be more difficult in situations involving property damage or personal injury.

6. Understand that the judge's decision is final. In most cases, you are unable to file any type of appeal when you take a case to small claims court. If the judge rules against you for any reason, you have to leave the situation alone and accept your loss.