Volume 1, Issue 4                    The Traut Firm eNewsletter                March, 2005            www.trautfirm.com

If you have a dispute involving $5000 or less, you do not need to hire The Traut Firm. The following are answers to questions we often hear from potential clients with small monetary disputes:

Any individual, business, partnership, or corporation (with a couple of exceptions) may bring a small claims suit for recovery of money only for an amount up to $5,000. A small claims case will generally need to be filed in the jurisdiction of the defendant's residence. In the case of a traffic accident, or an unlawfully issued check, small claims cases will be filed in the county or division where the accident occurred or the check was issued. The filing fee for Small Claims is generally $35.

Attorneys and paralegals are excluded from appearing or participating with the plaintiff or defendant in a small claims suit. Insurance representatives often attempt to get involved, but are typically excluded by the judge if you object.

Cases are generally heard between 35 and 40 days from the date of filing. You will be given a date and time to appear for your trial. There will be other small claims trials scheduled for the same date and time as yours.

Typical cases involve, but are not limited to auto collisions, property damage, landlord/tenant disputes, and collection of personal debts.

Your case will be heard by a Judge, Commissioner, or Judge Pro-Tem.    A Commissioner has all the responsibilities and powers of a Judge. A Judge Pro-Tem is an attorney who is hired to fill-in for judicial vacations and sick leave. A Judge Pro-Tem also has all the responsibilities and powers of a Judge. Each party will have a chance to tell their side of the story. It is essential that you bring evidence such as photos, witnesses, bills, receipts, contracts or whatever else that will prove your case. The Judge may decide the case at the time of the hearing or he may mail it to the parties later. The key ingredient to winning your case is providing a brief, succinct summary of the issues. Have your exhibits in order with tabs for easy reference by you.

You can't appeal if you were the one who filed the claim. However, if someone else files a claim against you and you lose, you can appeal. If you were at the hearing, you must file a form called Notice of Appeal. You have 30 days to do this after the date the clerk mails the Notice of Entry of Judgment. The current cost to file a Notice of Appeal is $93. 

You'll have a new hearing. You'll have to bring your evidence and tell your side of the story again. This time, you can bring a lawyer to represent you. In some instances, you can ask for an award of attorney fees should you prevail.

If your dispute exceeds these boundaries and you need legal help, contact The Traut Firm.  For a free evaluation just click to our ==> Case Evaluation form.  Or simply call toll free 1-877-Traut-Firm.

The Traut Firm
"When You Mean Business"