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 Posted: Sat Feb 28, 2009 8:30 am Post subject: Small claim court: process of filing claim |
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I've come across discussions involving 'small claim court' many times over
here but neither do I have any idea of such court proceedings nor
do I know the nature of insurance complaints that are pursued over
there. Any guesses!
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anonymous00
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| Posted: Sun Mar 01, 2009 2:10 pm Post subject: |
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This is nothing but a settling of your claims without going to courts.Countless contested lawsuits end up in America's small-claims, city, municipal or justice courts because neither party knows how to successfully communicate his or her willingness to settle.
I shall tell you some of the issues that belongs to Small claim Courts
unpaid debts;
breach of a written or verbal contract;
back rent;
return of security deposit;
broken or damaged property;
doctor/hospital bills for treatment of personal injuries; and,
issues valued at less than $5000.
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Best helper
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| Posted: Sun Mar 01, 2009 2:40 pm Post subject: |
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All states have different 'limits' for small claim court actions...no attorneys are needed (and in fact not welcome by most small claims judges)...and cost to file is minimal...
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Lori
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| Posted: Wed Mar 11, 2009 4:09 am Post subject: |
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| Some "Small Claim Court Actions" are presided over by magistrate judges, where some are actually brought in front of a county or state appointed arbitrator. It is hard to imagine any cases that would involve insurance, simply because most small claim court actions are limited at $500 here in SC. Maybe the limits are higher elsewhere? |
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ChrisBantly
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| Posted: Wed Mar 11, 2009 2:33 pm Post subject: |
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| Quote: | | because most small claim court actions are limited at $500 here in SC. Maybe the limits are higher elsewhere? |
MUCH higher, I'm really surprised at SC low limit...my state is I believe 5k...and think prior to your post the lowest I've seen is 1500... 
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Lori
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| Posted: Wed Mar 11, 2009 2:55 pm Post subject: |
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cbantly, I thought that 500 sounded low for small claims limit...so did some checking and the limit that you can sue in small claim court in SC is
$7500! NOT 500...not sure where you got that information..I found this same information (amount) on numerous sites (atty's etc) but here's the link for a government site, (charleston)
http://www3.charlestoncounty.org/docs/Magistrates/summfaq.htm#MagCivil 2
| Quote: | Small Claims
Q: When is a case a matter for "Small Claims," and when is it "Common Pleas"?
Generally speaking, when the amount or value of property in dispute is less than $7,500 the matter is filed and heard in Small Claim Court. |
I think I know where you got mixed up....per the state site | Quote: | | Magistrates' Courts have jurisdiction over traffic violations and most criminal misdemeanor cases (cases with punishments of a fine not exceeding $500 plus assessments or imprisonment not exceeding 30 days or both). |
This is regarding criminal...not civil limits...like small claim court. One has nothing to do with the other...so in SC you've got $7500.00 limit in Small claims...good news for SC!
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Lori
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| Posted: Wed Mar 11, 2009 2:56 pm Post subject: |
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| Yes it is much higher. I have seen small claims up to $7,000. Pennsylvania is $5,000 but there are a few that is lower than that as Lori said. It is cheap to file and a better way to resolve claims without the expense of hiring an atty. Most courts are very fair and most would be satisfied. |
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fireyone
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| Posted: Tue Jun 16, 2009 9:42 am Post subject: |
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What is the process of filing a claim in small claim court? How would you proceed since there wouldn't be an attorney to represent you?
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Astute~ignorant
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| Posted: Tue Jun 16, 2009 11:30 am Post subject: |
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| Quote: | | What is the process of filing claim at small claim court? |
You go to the court house, pickup the paper work, fill it out, pay the fee, and show up for court, present your case, and the judge rules... | Quote: | | How would you proceed since there wouldn't be an attorney to represent you? |
THAT is the beauty of small claims court, attorneys are not required, and seldom retained for small claims...just two people presenting their arguments to the judge....you can of course call witnesses etc..
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Lori
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| Posted: Thu Oct 15, 2009 3:59 am Post subject: |
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| Would a small claims court be appropriate to handle a case where an uninsured vehicle/motorist hit my car? Serve papers on the other driver per city/local court rules, go to small claims court, take care of it with photos, repair bills, documentation, medical, etc - all said and done? Really, just to get deductible back plus perhaps other fees from other party. |
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truelife
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| Posted: Thu Oct 15, 2009 10:52 am Post subject: |
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yep...BUT if your carrier has paid to repair your vehicle, you cannot sign their rights of recovery away.
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Lori
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| Posted: Thu Oct 15, 2009 11:27 am Post subject: |
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Hi Lori
Back after a long time  Is there a limit for small claims court that varies by state? Can truelife take the other party to court for amounts the insurer isn't ready to pay? (if that is the case)
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sil
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| Posted: Thu Oct 15, 2009 11:32 am Post subject: |
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Hi Sil...yes all jurisdictions have their own limits, and regulations, the OP will have to check on those
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Lori
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| Posted: Thu Oct 15, 2009 11:56 am Post subject: |
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| When I talked to my carrier, they said if I choose to repair my vehicle using my UM part of policy, then I'd pay my deductible and then they would try to collect from the other driver to get my deductible back, but it sounded it it doesn't always work. |
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truelife
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| Posted: Thu Oct 15, 2009 12:03 pm Post subject: |
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Well truelife
Did you get an estimate of how much it would cost you to repair your vehicle? Check out if the UM part of your policy + deductibles covers the cost of repair totally or i there something you have to shell out-of-pocket. If you have to bear some out-of-pocket costs you might want to take a look at what settlement the other party at fault is offering.
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