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Legal disputes can be very frustrating for consumers. The cost of hiring a lawyer is often greater than the amount in dispute, making obtaining a lawyer to represent you in a lawsuit unreasonable from a monetary standpoint. What, then, are consumers to do when they feel they have been wronged? The Small Claims Court is one place that minor legal disputes can often be resolved with relatively little time and expense.

 

What Is a Small Claim?
It is a simple, speedy, and informal method by which an individual appears before a judge, presents his or her claim, and explains why a business owes money to him or her.  A consumer may sue a business that he or she believes has caused him or her damage in the amount of $5,000 or less.  Although not required in Small Claims Court, a consumer may be represented by a lawyer if they wish. Technical rules of evidence do not apply in a small claims proceeding.

 

Before going to court you should attempt to resolve the dispute on your own. Sending a letter to the business may be enough to force settlement. Showing the judge that you gave the business a reasonable chance to resolve the problem may even help your case.

 

Before you get into court, be sure you have all your facts straight. Organize all documents relating to your case (written warranties, canceled checks, receipts, leases, copies of your written requests for payment, etc.).

 

If you have witnesses, tell them about the hearing date far enough in advance so that they can arrange to attend the hearing. Although witnesses are not necessary, having them may strengthen your case. One or two witnesses will likely be adequate to support your case. Be sure your witnesses are prepared so their testimony will be complete.

 

Take time to think about how you will present your case. Planning before helps to prevent rambling later. Organization and brevity are important, but you will want to tell the judge the complete story. Details that you feel may be unimportant may help the judge to decide the case so tell the whole story.

 

Finally, if you feel the need, contact the Valentine Legal Group before going to court to get some advice.  Since the amount in dispute is less than $5,000, it may also be helpful to consider obtaining a prepaid legal services plan.  For less than $30 a month, you can have access to a nationwide network of attorneys, and access to unlimited telephone consultations to discuss your matter, get guidance on how to proceed and, if necessary, representation for court.