Is a Case In Small Claims Court Easy to Deal With?
Reality TV Court Shows Are Far Different Than An Actual Small Claims Court Which Is a Genuine Court of Law Operating As a Division Within the Superior Court of Justice. While the Small Claims Court Does Have a Unique Set of Procedural Rules, the Substantive Law Applicable to the Issues In Dispute Remains Unchanged.
A Helpful Guide to Understanding Why It Is Called the Small Claims Court Rather Than the Simple Cases Court
A case in the Small Claims Court may involve legal issues that are just as complicated, and sometimes even more complicated, than a case in the higher court that handles matters above the $35,000 limit applicable to Small Claims Court (the limit of $35,000 became effective January 1 2020). Do note that court costs and legal representative costs, are exclusive from the $35,000 limit.
The Procedural Law
Just the same as with cases for sums beyond the $35,000 limit that are pursued in the higher court, a case in the Small Claims Court will involve the procedural law regarding the rules for the process of how a legal matter is conducted as well as the substantive law that applies to the actual legal issue in dispute. The procedural law is known as the Rules of the Small Claims Court which is essentially the general how to manual for the process of conducting a Small Claims Court case including what documents, being specific forms, are required as well as the step-by-step manner by which a legal case in the Small Claims Court occurs.
For sources of further helpful information regarding the rules of procedure and forms applicable to the Small Claims Court, see:
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Small Claims Court Rules:
An Affidavit document is a document sworn or affirmed, under Oath, and a document for which the truthfulness of the statements within must be genuinely true.Learn More
Generally, the Rules of the Small Claims Court limit a costs award for reimbursement of legal fees paid to a qualified representative to fifteen (15%) percent...Learn More
The document disclosure processes of the Small Claims Court are often described as easy enough for a self-represented layperson without legal training;...Learn More
Upon settling a legal dispute, the law implies and expects that the party on the defensive will require a signed Release from the other party.Learn More
A good and proper pleading document, again whether the commencing document, being the Plaintiff's Claim or Statement of Claim, or even the responding Defence...Learn More
Although an inaccurate translation from the literal Latin, the principle of 'stare decisis' may be thought of as the starring precedent setting decision when a...Learn More
Relying Upon Hearsay Is Risky Strategy One of the best examples of 'hearsay', and multiple layered hearsay at that, involves the character Simone...Learn More
Generally, costs awards in Small Claims Court are limited to actual reimbursement for the expenses incurred for representation (lawyer, student-at-law, or...Learn More
The monetary jurisdiction of the Small Claims Court allows for each Plaintiff to bring claims up to the $35,000 limit; and accordingly, a Defendant may be...Learn More
Is It Proper to Allege Breach of Contract and Negligence At the Same Time? Including Allegations For Both Breach of Contract and Negligence Within the Same...Learn More