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Small Claims Court
Small claims courts resolve
disputes involving claims for small amounts of money. While the maximum amounts
that can be claimed or awarded differ from state to state, court procedures
generally are simple, inexpensive, quick and informal. Court fees are minimal,
and you often get your filing fee back if you win your case. Typically, you will
not need a lawyer, and some states do not permit them.
If you live in a state that allows
lawyers and if the party you are suing brings one, do not be intimidated. Most
judges make allowances for consumers who appear without lawyers. Even though the
court is informal, the judge’s decision is binding and must be followed.
If you file a case and win, the
losing party may give you what the court says you are owed without further
action on your part. But some losers refuse to follow the court’s directions.
When this happens, you can go back to court and ask for the order to be
enforced. Depending on local laws, the court might order property to be taken by
law enforcement officials and sold. You will get the money from the sale, up to
the amount owed. Officials may also be directed to take money from a bank
account or business cash register. If the person who owes the money receives a
salary, the court might order an employer to garnish (deduct money from) each
paycheck and give it to you.
Check your local telephone book
under the municipal, county or state government headings for small claims court
offices. Ask the clerk how to use the small claims court. Before taking your own
case to court:
• Request educational material to
help you prepare your presentation.
• Observe a small claims court
session.
Legal Information And Help
If you need an attorney to advise
or represent you, ask friends and family for recommendations. You can also
contact the Lawyer Referral Service of your state, county, or city bar
association listed in the telephone directory.
Free assistance may be available
from a law school program where students, supervised by attorneys, handle a
variety of legal matters. Some of these programs are open to all. Others limit
their service to distinct groups, such as senior citizens or low-income persons.
Contact a law school in your area to find out if such a program is available.
Websites such as
www.abalawinfo.org
(American Bar Association),
www.thelaw.com,
www.freeadvice.com, and nolo.commay
help you with answers to general legal questions. For information on
state-specific legal questions, try the website of the National Association of
Consumer Agency Administrators (www.nacaanet.org).
If you cannot afford a lawyer, you
may qualify for free legal help from a Legal Aid or Legal Services Corporation (LSC)
office. These offices generally offer legal assistance about such things as
landlord-tenant relations, credit, utilities, family matters (e.g., divorce and
adoption), foreclosure, home equity fraud, social security, welfare,
unemployment, and workers’ compensation. If the Legal Aid office in your area
does not handle your type of case, it should refer you to other local, state or
national organizations that can provide help.
To find the Legal Aid office
nearest to you, check a local telephone directory or contact:
National Legal Aid and Defender
Association
1625 K Street, NW, 8th Floor
Washington, DC 20006
202-452-0620
Fax: 202-872-1031
e-mail:info@nlada.org
Website: www.nlada.org
To find the LSC office nearest you,
check a local telephone directory or contact:
LSC Public Affairs
750 1st Street, NE, 10th Floor
Washington, DC 20002
202-336-8800
Fax: 202-336-8959
Website: www.lsc.gov
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