How to Stop a False Claim From Going to Small Claims Court
Nolo.com defines small claims courts as state courts deciding disputes involving relatively small amounts of money--typically between $2,000 and $10,000.
It is difficult to prevent questionable claims from going to small claims court because the judicial system cannot determine the validity of the claim until it reaches court. Some jurisdictions require mediation of small claims, but those provisions are not triggered until the suit is filed.
Individuals quickly obtaining evidence to support their defenses strengthen their positions, and may discourage potential litigants from even going to court.
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Things You'll Need
- Computer with Internet access
- Printer
- Copy of local small claims court rules
Instructions
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Collect any evidence you will need to dispute the claim. This may mean obtaining a copy of a police report if the claim stems from an automobile accident. You also may need to collect photographs or contact witnesses.
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Obtain witness statements. Meet witnesses at times and locations of their choosing and ask them to write their accounts of what happened. Be sure to get the witnesses to sign and date their written statements.
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Determine the applicable statute of limitations. The statute of limitations is the law that determines the length of time the claimant would have to file suit, based on the type of claim.
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Write a strongly worded letter to the claimant advising him that you have collected evidence proving the claim is false. Tell the claimant that you will fight the claim every step of the way and that you will not offer any money to settle the claim.
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Keep all of your evidence neatly filed away at home. Do not throw anything away, even if you do not hear from the claimant for a long period of time. You may not know the correct statute of limitations for the claim in question.
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Do not communicate again with the claimant. You do not want to remind the claimant about the claim. You are not trying to settle the case cheaply; you just want the statute of limitations to expire.
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If you move, do not advise the claimant of your new address or telephone number. You are under no obligation to provide this information to a person wanting to sue you.
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Tips & Warnings
You can check electronic court records periodically to determine whether the claimant has filed suit against you. This will keep you from being surprised by a certified letter in your mailbox or a visit by the local sheriff’s office serving you with a summons.
Do not include any threats in your letter to the claimant. Simply recite the evidence in your favor and indicate your belief that you have a complete defense. You want the letter to strengthen your position, not weaken it.
References
- Photo Credit courthouse image by Michael Shake from Fotolia.com
