Legal Help

Legal Help

Please note that some of the sources of help listed in the
Consumer's Resource Handbook have a policy of declining
complaints from consumers who have sought prior legal counsel.
Small Claims Court

Small claims courts were established to resolve disputes
involving claims for small debts and accounts. While the maximum
amounts that can be claimed or awarded differ from state to state,
court procedures generally are simple, inexpensive, quick and
informal. Court fees are minimal, and you often get your filing
fee back if you win your case. Generally, you will not need a
lawyer. In fact, in some states, lawyers are not
permitted. If you live in a state that allows lawyers and the
party you are suing brings one, do not be intimidated. The court
is informal, and most judges make allowances for consumers who
appear without lawyers.

Remember, even though the court is informal, the ruling must be
followed, just like the ruling of any other court.

If the party bringing the suit wins the case, the party who lost
often will follow the court's decision without additional legal
action. Sometimes, however, losing parties will not obey the
decision. In these cases, the winning party can go back to court
and ask for the order to be "enforced." Depending on local laws,
the court might, for example, order property to be taken by law
enforcement officials and sold. The winning party will get the
money from the sale, up to the amount owed. Alternatively, if the
person who owes the money receives a salary, the court might order
the employer to garnish or deduct money from each paycheck and give
it to the winner of the lawsuit.

Check your local telephone book under the municipal, county or
state government headings for small claims court offices. When you
contact the court, ask the court clerk how to use the small claims
court. Many state and local consumer agencies have
consumer educational material to prepare you for small claims court
(see page 70). To better understand the process, sit in on a small
claims court session before taking your case to court. Many small
claims courts have created dispute resolution programs to help
citizens resolve their disputes. These dispute
resolution processes (e.g., mediation and conciliation) often
simplify the process. For example, in mediation, both people
involved in the small claims dispute meet, sometimes in the
evenings or on weekends, and with the assistance of a neutral,
third-party mediator, discuss the situation and create their own
agreement.

Research indicates that if both people show up for the mediation,
85%-90% of the time an agreement is reached. Just as
importantly, researchers learned in follow-up, six months after the
session, that 85% of the agreements were "substantially fulfilled."


Considering this, when you contact your small claims court, ask
first about their mediation or conciliation process.

For additional information about dispute resolution, contact the
American Bar Association, Standing Committee on Dispute
Resolution, 1800 M Street, N.W., Washington, D.C. 20036, (202)
331-2258.