To Successfully Making a Small Claim
Small claims are usually cases that often appear in court that result in small monetary sized judgments in relation to such issues as personal injury claims and breach of contract. Such civil matter often have a short statute of limitations and as such going to small claims court is the best way of settling the matter quickly before the right to sue expires. It is also useful to note that if you do mange to have a judgment in small claims court, you cannot again take the matter to a higher court unless you are making an appeal.
The amount one can be paid as a result of such small claims tends to vary based on state. Depending on how much you are hoping to get form this claim, you should find out the limit for the state in which you are going to court. Another geographical matter is one of eligibility. It is important that the court in which your case in being heard has jurisdiction over the matter. This means that you, the defendant and the location of the incident should ideally reside in the same area as the court. Another issue one should take into account is representation. In most states, small claims cases do not require a lawyer. The parties are meant to present their own cases.
While the issue of having a lawyer represent you may be even restricted in some states entirely, you can file to have a person subpoenaed. Sometimes you may have a witness not willing to testify on pertinent issues but you can file with the court for them to be subpoenaed even without a lawyer. Keep in mind however that simply because you win your small claims case, does not mean you will get the payment set by the judge. In many instances the person may lack the assets or income to make this payment making it impossible for you to get the cash awarded.