small claims court 10 by Articles Uncovered
Published Date: 02/09/06
A few months ago, I was having some remodeling work done in my kitchen. It wasn't a big job, and the contractor was in and out in a matter of days. A short time after the work was completed, I noticed a couple of problems with the tiling that the contractor installed. Some tiles had already loosened quite a bit, and the whole thing was noticeably uneven. I tried calling the contractor to come back and fix the problems, but he refused. He insisted that he had done a quality job and that the damage must have been from something I had done. I wasn't just going to accept this answer, so I decided to take him to small claims court.
To be honest, I only knew about small claims court from watching the TV show Judge Judy. If I hadn't seen that program, I probably wouldn't know about this legal option. But small claims court is very important for average people like you and me, people who would otherwise have no way to go after what is owed to us. Because small claims court is designed to help the average citizen, the rules are a bit different than in regular lawsuits.
One of the biggest differences is that in small claims court there is a cap to the amount of money or damages that a person can sue for. This cap might vary from state to state (I'm not a legal expert, so I'm not exactly sure), but for my state it was $7,500. Since my remodeling job had cost me around $5,000 I was a perfect candidate for small claims court. Another big difference is that you can't bring a lawyer to present your case in small claims court. In regular courts, you have the option of representing yourself or having legal counsel. In small claims court, everyone speaks for themselves. A third big difference is that small claims court cases are usually settled very quickly. A case won't be dragged through the system for years and years. Instead, a decision will be made either on the spot or within a few months.
When it came time for me to appear in small claims court, I was ready with all the documents and evidence (including photos of the damage) pertaining to my case. I told the truth, was respectful to the judge, and kept my cool even when the other party was clearly lying about things that happened. As a result of all these factors combined, I won my case and received the monetary amount that I wanted.
If you're having legal problems with another person or business, don't just stand by and get ripped off. Check out the small claims court system in your state and see if that would be a viable option for you.
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