How Does Small Claims Court Work

Small claims court is a legal mechanism that allows individuals to resolve minor disputes in court with lower legal costs and less formalities than standard court proceedings. It is designed to handle legal issues involving sums of money that are too small to warrant expensive legal representation but too large to ignore. Essentially, if you have a dispute over a debt or a monetary issue that exceeds a certain amount, small claims court may be an option worth considering.

  1. What is small claims court?
    1. Rules of small claims court
  2. When to use small claims court?
  3. Filing a small claims court case
    1. Presentation of the case
    2. What if the defendant doesn't show up?
  4. Conclusion

What is small claims court?

Small claims court is a special type of court that hears cases in which the disputed amount of money is relatively small, generally ranging from a few hundred dollars to several thousand dollars. The specific limit varies from state to state, but in most cases, the maximum claim amount is $5,000 or less. However, this amount can be higher in some states.

Rules of small claims court

Small claims court has its own set of rules and procedures, which are typically less formal than regular court proceedings. The idea is to make the process simple and straightforward, so that people can represent themselves without needing a lawyer. In most cases, the plaintiff and defendant present their case and evidence to a judge, who makes a ruling based on the facts presented.

Some of the key rules of small claims court include:

  • Claim Limits: Claims are generally limited to a maximum amount, depending on the state in which the case is being brought.
  • Representation: Parties are typically not allowed to have an attorney represent them in small claims court. However, legal advice is usually allowed.
  • Evidence: Parties must present all relevant evidence at the initial hearing, as there is typically no discovery period or trial.
  • Judgment: If the plaintiff prevails in court, the court will award a judgment, which is a legally enforceable order requiring the defendant to pay the plaintiff.

When to use small claims court?

Small claims court may be the best option for resolving certain disputes, including:

  • Debts: If a creditor or other party owes you money, and you have been unable to collect, small claims court may be an option.
  • Property damage: If someone causes damage to your property, you can go to small claims court to recover the cost of repairs.
  • Contract disputes: Small claims court provides a forum for resolving disputes over contracts or other legally binding agreements.
  • Security deposits: If a landlord refuses to return your security deposit, small claims court can help you recover the amount owed.
How Long Does An Appeal Take In South Africa

Filing a small claims court case

If you decide to pursue a case in small claims court, you will need to file a claim with the court where the defendant lives or where the incident occurred. The process of filing a claim typically involves filling out a form that outlines the details of your case.

You will need to provide the following information:

  • The amount of money you are seeking
  • The name and address of the defendant
  • Details of the incident, including dates, times, and locations
  • The names and addresses of any witnesses

Presentation of the case

Once you have filed your claim with the court, a hearing will be scheduled. At the hearing, you will have the opportunity to present your case and provide any evidence that supports your argument. This may include documents, photos, or witness testimony.

After hearing both sides of the case, the judge will make a decision and issue a judgment. This judgment may include ordering the defendant to pay you the money you are owed, or it may dismiss the case if there is insufficient evidence.

What if the defendant doesn't show up?

If the defendant doesn't show up for the hearing, the judge may still issue a default judgment in your favor. This means that you will be awarded the amount of money you are seeking, even if the defendant doesn't appear or provide a defense.

However, if the defendant does appear and provide a defense, the judge will make a ruling based on the evidence presented and the arguments made by both parties. If you lose the case, you may have the right to appeal the decision, although the process for doing so varies by state.


Small claims court offers a simple and inexpensive way to resolve disputes involving small amounts of money. While the rules and procedures for small claims court may seem daunting, they are designed to make the process as easy as possible for parties who represent themselves.

If you have a legal dispute involving a relatively small amount of money, and you have been unable to resolve it through other means, small claims court may be an option worth considering.

Go up

This website uses cookies to offer you a better browsing experience, if you continue browsing we consider that you accept their use.