TABLE OF CONTENTS

What Are Small Claims Courts?

Making A Good Faith Effort

Do I Have A Case That's Worth My Time & Effort

To Be or Not to Be in Small Claims Court

I'm ready to file. Who do I sue?

I have my defendant. Where should I sue?

Beware of the Statute of Limitations

GLOSSARY

LEGAL TERMS

ACTION

A lawsuit or proceeding in a court of law.

BREACH

A violation in the performance of or a failure to perform an obligation created by a promise, duty, or law without excuse or justification.

ADMISSIBLE EVIDENCE

Evidence that can be legally and properly introduced in court.

AFFIANT

Person who makes and signs an affidavit or declaration.

AFFIDAVIT

A written statement of facts under oath, by a party. Can also be referred to as a declaration.

AFFIRMATIVE DEFENSE

Defendant provides an excuse to escape responsibility without denying plaintiff's claim.

AGREEMENT

The mutual consent, whether written or verbal, of two or more contracting parties to the same terms through a meeting of the minds.

ALLEGATIONS

A statement of the issues in a pleading that a person intends to prove in court.

AMENDMENT

Making a change in the complaint, answer or countercomplaint.

CASE LAW

Law established by precedent, predominantly decisions of state Supreme Court or United States Supreme Court, used to support your position. Any opinion cited by a district court or another state is merely persuasive. It is not controlling law.

COMPLAINT

The legal document, also known as a pleading that initiates a civil lawsuit. It states facts and identifies the action the court is asked to take.

CONTRACT

A legally enforceable agreement between two or more competent parties signifying a meeting of the minds either orally or in writing.

CORPORATION

A legal entity created under state law most commonly intended to be in business.

CROSS EXAMINATION

The examination of a witness who has already testified in order to test, discredit or impeach the witness's testimony, knowledge, or credibility.

DAMAGES

An amount of money that may be recovered in the courts by any person who has suffered loss, detriment, or injury through the unlawful act, negligence or intentional conduct of another.

DIRECT EXAMINATION

The first questioning of a witness by the party on whose behalf they are called.

DEFENDANT

The person(s) or other entity against which a claim is filed.

DISMISSAL

The termination of a lawsuit. A dismissal without prejudice allows the plaintiff the option to file again at a later date. A dismissal with prejudice prevents the lawsuit from being brought again in the future in any form.

FRAUD

Intentional deception to deprive another person of property or to injure that person in some other way through misrepresentation.

JUDGMENT

A final determination by the court of the rights and claims of the parties in the action, whether by default, summary judgment, declaratory judgment, consent judgment or verdict.

JURISDICTION

The extent of the court's legal authority in a specific geographical area to interpret and apply the law. Types of jurisdictional power include subject matter, personal, territorial, concurrent and appellate jurisdiction.

EVIDENCE

A fact presented before a court such as a witness' statement, a tangible object, etc. that relates to or establishes a fact in contention.

GENERAL CONDITION OF CARRIAGE

A contract between the air carrier and the passenger specifying obligations, rights, warranties and disclaimers between the parties.

HEARING

A legal proceeding at which arguments and evidence may be presented on the matter at issue to be decided by the presiding judge.

ISSUE

The disputed point of contention between the parties of the action. To send out officially, such as to issue an order.

INJURY

A violation of a legally protected interest for which the law allows an action for legal or equitable relief.

MINIMUM CONTACTS

The level of a nonresident defendant's connection with or activity in a state that is sufficient under due process to support the assertion of personal jurisdiction under a long-arm statute.

PARTY

A person, business, organization or government agency actively involved in the prosecution or defense of a legal proceeding.

PERSONAL JURISDICTION

The court will only have personal jurisdiction, also referred to as "in personam jurisdiction," over a defendant if the defendant has been personally served or accepted service of court papers, and the defendant has at least some minimum contact with the state in which the court is located. Minimum contact varies on a case-by-case basis given the quality and quantity of defendant's contacts with the state.

PRO SE/IN PROPRIA PERSONA

Litigating a case on one's own behalf without an attorney.

STATUTE

A law adopted by the legislature.

STATUTE OF LIMITATIONS

The time limit setting the maximum period of time, after certain events, that a plaintiff may file a lawsuit. Once the statute tolls, the time period to file an action expires and the plaintiff is barred from filing any action.

VENUE

The proper geographical areas (county, city, or district) in which a court with jurisdiction over the subject matter may hear a case.

WITNESS

A person who testifies to what he or she has seen, heard or otherwise observed or testifies to his or her opinion based on a hypothetical statement.

"A law is valuable not because it is law,
but because there is right in it."
- H.W. Beecher

PART 1: WHAT YOU SHOULD KNOW BEFORE FILING IN COURT

What Is Small Claims Courts?

The fundamental purpose of Small Claims Court is to help people recover small sums of money without having to hire a lawyer to litigate the case. The injured person can present his or her complaint in person to an impartial judge who has the power to order the offending party to pay the money owed.

All states and localities have some type of small claims court. The rules of the courts vary from state-to-state. The name of the court will vary among states and localities. For example, the court might be called Small Claims, Justice Court, Magistrate Court, or something else. The maximum amount you can sue for varies from state-to-state ranging from $1,500 to $25,000 depending on the jurisdiction.

You may file a complaint in small claims court when you can show that a person or business owes you money or has harmed you financially, and will not pay. Here are some examples of situations in which you might consider utilizing small claims:

• Your connecting flight is canceled, and the airline arranges a van to get you to your destination. Instead of a one-hour flight you have an uncomfortable four-hour ride. The airline denies your request for reimbursement of the difference between air and ground transportation.
• You buy a ticket for a seat in first class from a consolidator. He delivers a coach seat ticket and refuses to refund any of your payment.
• An airline cancels your flight and cannot get you out until the next day. They won't put you up in a hotel and you end up spending $90 for a room.
• An airline loses your luggage. You try unsuccessfully to negotiate a settlement. You can show that the value of the lost item was much more than the airline offers to pay.
• Your flight is delayed several hours and the airline refuses to provide refreshments and reimburse the costs of your meal(s) due to the airline's delay.

Small Claims Court will not always be the right option for you. For instance, you can generally only sue for and recover monetary damages in Small Claims Court. Therefore if you want the recovery of your broken camera or an injunction to prevent the airline from behaving a certain way in the future you will have to file in a higher court. Also, in some situations, such as discrimination or product liability issues it may be more effective and easier to retain the services of an attorney or seek assistance from legal aid, a consumer affairs office or governmental agency to resolve your complaint.

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