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You can't win a case in small claims court if you never had the right to sue there. Small claims court typically handles small legal issues, such as resolving unpaid debts, enforcing or changing contracts, or recovering money. Small claims courts do not handle cases involving fraud, libel, assault, or battery. Check the small claims court guide for your state to determine if your claim is appropriate for small claims court. Many states have websites dedicated to helping individuals navigate the small claims process. Check to see if your state has a website or a guide that can help you to navigate the small claims court process. The amount that you want to sue someone for must be under the maximum allowable amount for your state's small claims courts. This limit does not include court fees or interest. No matter what the limit is, the money you seek must be directly related to your actual damages. Just because small claims allows you to sue for up to $5,000 does not mean you should sue for $5,000 if only $500 was at stake. Padding your damages like that will make you look greedy and unprofessional at worst. At best you'll look unprepared. Keep in mind that some states also limit the number of small claims proceedings that can be filed in one calendar year, or they might limit the dollar amount that can be claimed in one calendar year. A statute of limitations is an amount of time between when an event happened and when someone can no longer be sued because of that event. These vary by state and by types of contracts or lawsuits; generally speaking, legal proceedings for contracts and property damage expire after 3-10 years. Check with your County Clerk to determine your case's statute of limitation. You must be 18 or older to file a suit in small claims court. If you are under 18, you will need a parent or guardian to file on your behalf. Be aware that corporations, associations and partnerships can also file suits in small claims court. The jurisdiction is the location in which the person whom you are suing resides or where their business operates. It is important to determine the correct person against whom to bring a suit as well, which will in turn help you figure out the correct jurisdiction. You can also file a suit against an individual, company, association or partnership. Make sure that you locate and name the proper person. Spell their name correctly, and have their correct contact information. To get the correct and full name of the entity, check with the County Clerk where the entity operates. If the business operates in another state, it may not be financially reasonable to bother filing a claim in small claims court. The financial amount that you may receive in a judgment in your favor may not cover the costs of having to appear in court for a hearing in another state. Even though attorneys typically aren't allowed to represent clients in small claims court, an attorney can fill you in on details and nuances of the law that you might not have noticed otherwise. For example, some states allow triple damages under consumer protection laws if you were harmed by a product. This could entitle you to more money than you thought you could get. Lawyers also can assist you in planning your strategy and teach you stronger argument styles.
Figure out if your case can be addressed in small claims court. Determine the jurisdiction's financial limit. Confirm that the statute of limitations has not expired on your case. Check your eligibility. Determine the correct jurisdiction and defendant. Consider talking to an attorney.