Small claims court: Does it resolve any claim?

by Guest » Sat Feb 28, 2009 08:30 am
Guest

I've come across discussions involving 'small claims 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!

Total Comments: 16

Posted: Sun Mar 01, 2009 02:10 pm Post Subject:

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 claims court
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.

Posted: Sun Mar 01, 2009 02:40 pm Post Subject:

All states have different 'limits' for small claims court actions...no attorneys are needed (and in fact not welcome by most small claims judges)...and cost to file is minimal...

Posted: Wed Mar 11, 2009 04:09 am Post Subject:

Some "Small Claims 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 claims court actions are limited at $500 here in SC. Maybe the limits are higher elsewhere?

Posted: Wed Mar 11, 2009 02:33 pm Post Subject:

because most small claims 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... :?

Posted: Wed Mar 11, 2009 02:55 pm Post Subject:

cbantly, I thought that 500 sounded low for small claims limit...so did some checking and the limit that you can sue in small claims 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#MagCivil2

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 Claims Court.



I think I know where you got mixed up....per the state site

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!

Posted: Wed Mar 11, 2009 02:56 pm Post Subject:

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.

Posted: Tue Jun 16, 2009 09:42 am Post Subject:

What is the process of filing a claim in small claims court? How would you proceed since there wouldn't be an attorney to represent you?

Posted: Tue Jun 16, 2009 11:30 am Post Subject:

What is the process of filing claim at small claims 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...

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..

Posted: Thu Oct 15, 2009 03:59 am Post Subject:

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.

Posted: Thu Oct 15, 2009 10:52 am Post Subject:

yep...BUT if your carrier has paid to repair your vehicle, you cannot sign their rights of recovery away.

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