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PDF Editor FAQ

What is legally considered a "small claim" in court?

I am the only person in my state to have written a book on Small Claims Court so perhaps I can give you some insight. Small Claims Court started out in Ohio about 1913. It was a way to resolve small amounts quickly. Most Small Claims Courts today do not allow attorneys, have rules of evidence, have rules of civil procedure, have a transcript of the proceedings, have the right to appeal, are limited in amount, and take place in one day. In reality, Small Claims Court is really an arbitration, think, Judge Judy, or People’s Court. Each state has a limit on what is considered a small claim. In Michigan, our Small Claims Court is $5,500. You can sue someone who owes you $7,500 in small claims court and you are forever waiving the additional $2,000. That is, the judge would give you the maximum judgment of $5,500 and the rest is gone.You can find out the maximum jurisdiction of small claims court in your state by contacting the local courthouse to find out. More often than not, you can find this out online.

How long does it take for a small claims court case to be resolved?

In Michigan, in about 30 days. I wrote the jonly book in Michigan on small claims court. http://wwwsmallclaimscourtinmichigan.com

Do lawyers have an advantage in small claims court, where people are forced to appear pro se (without a lawyer)?

In most states, an attorney is allowed in small claims court but not required because the purpose of small claims is to recover limited monetary damages. Although, in California, Michigan, and Nebraska an attorney is not allowed by law. However, in California, a lawyer is allowed in a small claims appeal.As a result, a deep pocket corporation, governmental entities, and other defendants will have an advantage in the appeals process because they can hire a group of attorneys to defend their interests.

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