If you are planning to sue some one for any reason, small claims court is fastest and easy way for consumers to get justice when an individual and business has done something wrong with them. There are many people who are planning to sue someone in small claims court but really don’t know how to do that and which way to proceed for suing. No doubt that the small claims court lawsuit is the only way to get justice in shortest period of time but it is better that you understand the entire process before you can take any decisions. Here we have a few things you need to know before you take someone to the small claims court. Suing someone is not as easy as most of the people think about it. You have to gain certain knowledge about small claim court before suing someone.
Reasons to Sue Someone ?
You should know the right time to file a case in the small claims court because that is the only way you will get results you need. There are various causes in which you would like to head to the court but before you have to analyse either the nature of your case is serious enough for court. There are many example available, which is enough to take idea for small claims court proceedings.
Example 1: A consumer who is facing issues with a company like contract obligations were not fulfilled, he did not get the products that were promised or the items were not delivered at all.
Example 2: Some consumers are looking for a refund but the company owners are not showing any sign. Another issue you need to consider between the landlord and tenant.
Example 3: The landlord is ready to sue the tenant because he is not paying the rent or tenant is ready to sue the landlord because he failed to return the security.
There are many cases in which going to the small claims court might seem like the best choice you have but it is better that you consider the alternatives first.
- If the company that is causing issues is registered and legitimate it is better that you take the issues to the officials of the company first. They might provide you with a better solution and without going to the court problem can be resolved.
- It is better to follow up in writing when you are trying to reach the officials so the issues can be resolved because your case will grow stronger if you have a paper trail as a proof that you tried all means to solve the problem.
- If you are unable to reach the company through phone it is better that you write a proper formal latter with all the problems that you are having and how you would like them to be resolved. Make sure that you keep a copy of your letter.
- If they are not giving any response it is better that you try one more time and use a certified mailing address for the process to let others know that you mean business.
- In case they still ignore your letters, then it is time to sue in small claims court.
How much does it cost to sue someone ?
It is better that you visit the court so you can speak with the clerk of court. It will allow you to get more information. You have to visit the website of a county magistrate court, here you will get all the information that you need for filling the vase. When you sue in small claims court you will have to pay the filing fee of $20 to $150 depending upon your country or state.
This amount is recoverable if you win the case. Small claims court fees also depends on the amount you are claiming for. You have to know the amount for which you are allowed to send small claims court lawsuit. It commonly ranged from $2000 to $10,000 and in some counties $15,000.
Small Claims Court Preparation
The small claims court lawsuit is the ideal solution to resolve all the problems without spending a lot of money of dealing with the hassle when the disagreement by both parties is honest. Before filling a case you should inform the person that how you have been harmed and mention financial loss that you have suffered. You can also mention that if they will not reply you might have to take things to the court.
Make sure that the letter is not aggressive. The tone of the letter should be friendly because you might to show it to the judge and negative or aggressive tone can create issues for you. Another point of small claims court is that you might not need a lawyer for the entire process. However, consulting an experienced lawyer can be better because you will know how you are going to handle the entire case and assure judgement is given in your favor.
How to Sue Someone in Consumer Court
Before you can file your case in the small claims court or consumer court you have to confirm that where the case will be heard. It is not necessity that you can sue some in your own county. It is better to sue in the county in which the errant party is located.
If you want to sue a business it is better to select the county in which business is registered or located. Use the secretary of state’s website to get the address of any company that you need. Commonly is you get the address and sheriff have delivered the small claims court lawsuit, you are in a good shape. It will allow you to get your court date.
Prepare your case properly
Once you have your trial date, it is better that you prepare your case. It would be better if you are well-organized and have proper documentation related to letters you have sent and how much loss you have suffered in the process that will support your case.
Keep in mind that you have to prove that how the other person or company has harmed you, how the errant party is responsible and the amount of money you want as restitution and how you can justify the entire process.
On the day of the trail, you have to bring all the photos, letters, phone call record and any other information that can support your documentation. Take help from a professional lawyer for case preparation to assure that you will not lose.