subject: Small Claim Court Related Questions [print this page] A small claims court is one where a person may represent himself/herself without any legal counsel. Most private disputes that do not involve a lot of money are handled in small claims courts. People who have to face a small claims court for the first time may have questions about its process and procedures. Given below are some of the commonly asked questions about small claims courts:
Is it possible to sue a person who has filed for Chapter 7 bankruptcy in a small claims court?
In most cases, a person may not be allowed to sue or try to collect money from a debtor who has filed for a bankruptcy during the bankruptcy process or after a discharge has been granted. The debt owed by the person will be discharged if it was added in the bankruptcy.
What can a person do if the court issues a default judgment against him/her for missing a court date?
If a court files a default judgment against a person, he/she may file a motion to set aside the judgment. The person may get a form to do so from the court clerk. He/she will have to prove to the court that he/she missed the court date due to a genuine reason. He/she may also inform the court that he/she can win the case if another date is given. In most cases, if there is a legitimate reason for the missed court date, the court may set aside the judgment and grant another date.
Can a person sue a landlord in a small claims court if the landlord withholds the security deposit?
A landlord can become responsible for twice the amount of security deposit if he/she is withholding it wrongfully. The individual may sue the landlord in court and if his/her case is proved, he/she can claim twice the money from the landlord.
What can a person do if he/she misses a court date and a counter claim is filed against him/her in the same case?
If a person has a counterclaim in a case and he/she misses a court date, then the judge may dismiss his/her claim and grant the counterclaim. The person may offer to dismiss his/her claim and ask the person who has filed the counter claim to dismiss it. Many times trips to the court may be avoided by coming to such an arrangement. In most situations, a counterclaim is in retaliation to the claim made by the person. The opposing party may agree to drop the counterclaim if the person agrees to dismiss the claim filed.
Can a person sue another person for defamation in California?
A person may be able to sue someone for defamation of character in a small claims court in the state of California. He/she can also sue the person for slander and libel. A case may be filed in the small claims court if the amount that the person is seeking is $7,500 or less. The person may have to be sued in a trial court if the amount involved is more than $7,500.
You may sometimes be faced with a situation where you may have to take someone to a small claims court or you may be sued in one. It is important for you to understand how a small claims court works and what its rules and procedures are. You may ask a lawyer if you have any questions or need information about a small claims court.
