Do You Need a Lawyer for Small Claims Court?

Use these links to jump to different sections:

• What Is Small Claims Court?
• Preparing for a Small Claims Case
• Small Claims Court Procedures and What to Expect
• Deciding Whether to Hire a Lawyer
• Attorney Fees in Small Claims Court
• Finding Experienced Legal Help

Small claims court offers an accessible way to resolve disputes without needing a lawyer. It’s designed to be straightforward, handling cases like unpaid debts or personal property issues. But not all situations are simple. For complex cases, having a lawyer can provide a crucial edge. Knowing when to seek legal help can ensure you’re prepared for whatever the courtroom brings. Learn how to assess your case and decide if professional legal help is the right step for you.

What Is Small Claims Court?

Small claims court aims to give individuals a faster and more affordable legal process to resolve disputes over small amounts of money. This simplified legal process is supposed to be more accessible and straightforward, allowing people to navigate it without requiring legal representation.

Small claims court proceedings are less formal and regulated, allowing for the resolution of minor money issues. Cases typically heard in small claims court include civil cases that revolve around money owed, personal property disputes, security deposit issues, and minor personal injury claims. 

Several advantages come with choosing to file in small claims court. First, the court costs are almost always lower. Second, the process is significantly simpler with fewer rules of procedure. This makes it much more user-friendly to navigate the claim process. There is a lower risk of someone violating a procedural rule that could get their claim dismissed on a technicality. This also extends to rules governing evidence, allowing more leeway in the type of evidence submitted to support your claim. Finally, because everything is simplified, parties can resolve faster. The traditional legal process can take months or even years. Small claims court provides the opportunity for faster resolution. 

The court system can vary from state to state. Depending on the state you are in, small claims courts have their own separate dominion. However, some states can see small claims in district court, county court, and even superior court. Donald E. Smolen, who represents clients in a variety of civil litigation matters in Tulsa, Oklahoma, offers insight into the small claims court process: “So, in Oklahoma, a small claims action is set for a hearing on one day, and you don’t get to do any written discovery. No discovery is allowed at all. You show up, and you just put on your hearing. The court will make you go off and do a quick little mediation, but it’s all done on the same day.”

Preparing for a Small Claims Case

The preparation for small claims court starts before you file your claim. You need to gather as much evidence as possible and confirm that you have the correct information. To have a claim that gets successfully filed, you need to notify the other parties involved. To do this, you need to have each defendant’s correct name and address. Using the wrong name or address could delay your case or even get it dismissed.

You must also check the statute of limitations for the type of claim you intend to file. Each state defines its time limits, or statute of limitations, for different types of claims. Waiting too long to file your claim will result in you losing the right and ability to pursue your claim. The third pre-filing check you need to do is calculate the amount of damages you have. This is the amount of money you are seeking from the defendant. Get this amount wrong, and you could miss out on receiving full compensation for your losses. In addition, there are limits on the amount you can pursue in small claims court. If your damages exceed the limit, you will be required to file your lawsuit in a higher court. 

Once you have everything you need to file your claim, you will submit your claim, relevant evidence, documents, and filing fees. The cost to file your claim will vary and can be anywhere from $30 to $200. You should also expect additional costs to arise during the small claims process. You may have court costs for obtaining records or transcripts, process server fees, or mailing costs. A process server is an official person who will deliver legal documents to the other party. You may also be able to mail certain documents, but you will have the additional cost of doing so by certified mail. 

To file your claim, you can do so at the clerk’s office. Keep a copy of everything you provide as a part of your claim. This includes any written contracts, canceled checks, bank account records, and affidavits you submit. The court will schedule a trial date once the clerk’s office accepts your filing. You must use approved methods to notify the defendant of the impending trial and the claim made against them. You will need a record of this proper notice later for the case to proceed.

Small Claims Court Procedures and What to Expect

As you wait for your trial date, there are a few things you can do to prepare.

Organize Your Evidence and Practice

Organize your evidence to quickly reference it when presenting your case to the judge. It can also be smart to make extra copies to provide to the judge or opposing party during the trial. Practice your statements to have a clear, concise, and easily followable version. This will make it easier for the judge to follow your claims at the trial. Finally, educate yourself on possible court judgments. That way, you understand what could happen at the trial and your options afterward. 

Arrive at Court Early and Follow Procedures

Plan to arrive early on your designated court date. You will likely need to go through a security screening that can take time. Once inside, pay attention to the court clerk. They are the administrative professionals who manage the day-to-day functioning of the court. They will call the cases, organize the files, and assist the judges. The other litigant will most likely be present on the hearing date. A judge will also oversee the small claims court hearing and enforce the court rules.

When it is time for your court hearing, the judge will listen to the plaintiff’s claim and review all of the evidence submitted. Then, the judge will listen to the defendant’s claims and supporting evidence. With all of the information reviewed, the judge will make a ruling in favor of one of the parties in accordance with the law. 

Be Prepared for Complications in the Legal Process

Sometimes, one of the named parties will not attend the court hearing. Usually, it is the defendant that fails to appear. The judge will likely issue a default judgment in favor of the party that attended the hearing. Another situation that can arise is a defendant that files their own counterclaim. They may claim that they do not owe the plaintiff, but that the plaintiff owes the defendant. The counterclaim must be filed before the trial date. Then, the judge will hear arguments related to the counterclaim at the hearing. 

Once the judge issues a ruling, if either party is unhappy with the ruling, they could file an appeal. Generally, you have to have a qualifying reason for your appeal that goes beyond simply not liking the ruling. There are also time limits for filing an appeal. Once filed, the other party must be sent a notice of appeal. 

Other situations can also arise during small claims court. One is a request for postponement. If a party cannot attend court on the scheduled hearing date, they can request to postpone the trial date. This must be done well in advance and the court must approve the request. In other situations, a party may want additional people to attend the trial date. This could happen when there is a witness to the circumstances in dispute in the case. To ensure witnesses attend, a party can then serve with a subpoena. This court order compels the person to appear at the hearing.

Deciding Whether to Hire a Lawyer

For many people, self-help will be sufficient. Straightforward disputes have a fairly simplified process, and the judge will guide the parties through the small claims court process. However, the judge will not provide legal advice. Despite being in small claims court, some cases can become more complex or involve more intricate legal matters. It can be wise for litigants to seek out legal services.

When considering the option of hiring an attorney, litigants need to consider the amount in dispute. If the lawyer’s cost is greater than the amount in dispute, it may not be worth hiring representation. Another option is to consider using referral services to help locate a more affordable lawyer. Many state bar associations have referral programs that can connect people with qualified attorneys who regularly provide legal services in small claims courts. Another option is to consider self-help centers or legal aid services that provide legal assistance to those who need low-cost or free legal help. 

An example of a case that can start simple but become complicated is eviction. These are landlord-tenant disputes that require knowledge of state housing laws. Another example of a case that may require legal services are wage garnishments. Having the losing party’s wages withheld can be complicated and require attorney assistance. A third example of cases that commonly become complicated are those involving real property. Real estate law can have expensive and long-lasting impacts, making the cost of attorney fees well worth it. 

Smolen discusses the importance of self-evaluating before pursuing a small claims action. Because the recovery amount tends to be low, there is potential for the legal action to cost more than the financial loss suffered. Speaking with a lawyer can help you understand the full cost and potential for recovery. “You have to kind of figure out: Am I doing this on principle? And is it going to cost me more to go litigate it? Compare going to small claims court as opposed to just letting it go. That’s why it’s important to talk to a lawyer to find out.”

Attorney Fees in Small Claims Court 

A common assumption is that the “winning” party can request that the court order the “losing” party to pay the attorney fees. However, in most small claims courts, attorney fees are not recoverable. Each party is responsible for their own legal costs. This isn’t a hard rule, though. If a contract is at the center of the dispute, the contract may dictate that a party is responsible for attorney fees. In this situation, a party may be able to recover attorney fees from the other.

Finding Experienced Legal Help

Small claims court provides an accessible way to resolve disputes like unpaid debts, property issues, and minor injuries, often without the need for a lawyer. The process is designed to be straightforward, with lower costs and simplified rules. However, complex cases involving evictions, garnishments, or real property may require professional legal advice to navigate effectively. Whether you’re filing a claim or defending one, being prepared is key. If you’re unsure about representing yourself or believe your case is more complicated, consulting with an experienced lawyer can help ensure the best possible outcome. Reach out to a legal professional today to guide you through the process.

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