Small claims court is a great option for people or companies who are owed a relatively small amount of money. It saves both parties a trip to a larger court, which can be both time consuming and expensive. However, small claims courts have rules. If you find yourself in a dispute, here are things you can’t do in small claims court.
Sue Past the Monetary Limit
Each state has its own rules for how much money can be claimed in small claims court. This ranges from $2,000 to $10,000. The limits also differ whether the person filing a claim is an individual, a company or a corporation. Check your state’s rules before you submit a claim.
Sue Past the Time Limit
There are also limitations on how long you can wait to file a claim. This also varies from state to state, as well as from case to case. For example, in personal injury cases, you typically have a maximum of two years from the time of the injury to sue for payments to cover medical or lost wage costs.
Skip Your Hearing
Just because it’s a smaller court doesn’t mean the case isn’t a serious matter. If you can’t make your court date, you have to file a request to change the date. In California, you must do this at least ten days before the date, and may incur a small processing fee.
Hire a Lawyer (Possibly)
Again, the rules on legal professionals in small claims courts are set by the state. Some don’t allow attorneys to represent others in small claims courts at all, while others let parties seek counsel from representatives but they can’t speak for you in court. However, some states do not have any rules or limits about engaging an attorney.