The division of the trial court that handles civil cases asking for $7,500 or less. The plaintiff can file either a small claims case or a regular civil (of limited jurisdiction) case in superior court. Small claims court is designed to be simple, quick, and less costly than a regular civil lawsuit. In small claims court there are no lawyers, no rules of evidence, and no juries. The plaintiff has no right to appeal the judge’s decision, but the defendant may appeal. An appeal would mean a new trial before a different judge. Lawyers can participate in the appeal.
Suing Someone
We can contact the person or business you are in dispute with, and attempt to settle without going to court. We can also write a “demand letter” that states to the person or business what you are requesting.
We can mediate on your behalf throughout your case in an attempt to avoid filing a small claim.
If all attempts to settle out of court fail, we can file a small claim with the court.
Being Sued
We can talk to the person or business you are thinking about suing and attempt to work things out. If you owe the other person money, we will attempt to work out a plan to avoid small claims court.
We can mediate in an attempt to avoid small claims court.
Decide if you want to sue the person who is suing you. If you do, we can file a defendant’s claim.
Collecting Your Judgment
We can talk to the person or business you are thinking about suing and attempt to work things out. If you owe the other person money, we will attempt to work out a plan to avoid small claims court.
We can mediate in an attempt to avoid small claims court.
Decide if you want to sue the person who is suing you. If you do, we can file a defendant’s claim.
Mediation
We can mediate on your behalf, eliminating the need to go before a judge. We handle your case from the mediation process to the court if there is no resolution between parties.
Appeals
When you appeal a small claims judgment, you ask the superior court to change the small claims court judge’s decision. You will have another court hearing and must present your case again.
A small claims appeal is a “trial de novo” or “new trial.” This means that the case is decided by a new judge from the beginning so you have to present your case all over again. Because this case is in the civil division of the superior court (and NOT in small claims court), you (and the other side) are allowed to bring a lawyer to represent you in the new trial.
Only a defendant can file an appeal of a small claims judgment. BUT if you are the plaintiff, and the defendant counter-sued you by filing a Defendant’s Claim in response to your Plaintiff’s Claim and you lose, you CAN appeal. Since a small claims appeal is a brand-new trial, the entire case is decided from scratch.
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