A small claims or conciliation court is a special type of court where a plaintiff sues a defendant under simple and informal rules. The process of the claim is considered quick and inexpensive compared to a regular civil court that both plaintiff and defendant may not need representations. The help of a lawyer, however, may be acquired before the hearing.
Since small claims court are made accessible to ordinary people, the cases filed to it must not exceed $5,000 worth of damages. Rent or security deposit disagreements, bad checks, breach of contract, property loss or damage, and unpaid debt are some of the more common cases filed on small claims court.
Cases concerned with car accidents may also be filed in small courts. Also known as Statement of Claim on some areas, auto accident claims are filed in order for the plaintiff to recover damages, as long as the property damage or the injuries sustained is not serious.
Auto accident small claims court complaints begin once it’s been filed. Filing the case is just as easy as filling out forms, paying a small filling fee, and delivering court papers to the defendant (or “service of process”).
Pretrial hearing will be scheduled after that, where both parties must appear. The defendant may also file a counterclaim. The plaintiff and defendant may send interrogatories to each other, or written questions. They both must answer this under oath.
If the fault is still not clear or unsettled during the pretrial hearing, mediation or trial will be scheduled. Small claims are decided by judges and not juries. The statute of limitation for auto accident small claims is the same as an auto accident case in a trial court.
Also, like in trial court, the case should settle two issues: the liable and the loss or damages that resulted. The plaintiff should prove the liability of the defendant. If the defendant thinks it was the plaintiff who is liable for the accident, he should also show proof. Both should collect witnesses, records, and documents to prove their side. However, only actual testimonies from witnesses will be accepted.
Like what was mentioned earlier, an ordinary person is allowed to represent himself on small claims court. A lawyer may come in handy if the plaintiff or defendant needs legal consultation regarding the case.
The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.
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