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Small claims court is a civil court where you can sue someone for $10,000 or less (excluding interest of costs). Simplified rules for this court allow for the process to be faster than other types of cases.
The person bringing the claim is the plaintiff. The person being sued is the defendant. Any individual or corporate entity (e.g., corporation, partnership, etc.) can sue and be sued in small claims court. Individuals may represent themselves (without hiring a lawyer). Corporations can sue in small claims court only if they’re represented by a lawyer. They don't need to retain a lawyer if they are defending against a lawsuit. A representative of the corporation (i.e., an officer, director, or manager) may appear in court in its defense.
A plaintiff can sue a defendant in small claims court for a number of things, including:
- Unpaid rent and/or eviction,
- Medical bills resulting from a car accident,
- Property damage,
- Personal injury, or
- Not satisfying a contract (breach).
A plaintiff cannot bring a case in small claims court to:
- Divorce their spouse,
- Stop an action against them, or
- Get their property back.
Common small claims cases involve home improvements, car repairs, moving and storage companies, and landlord and tenant disputes over money.
For more information, please see the video on Going to small claims court.
Legal Comment
Property Damage
Submitted by M L on Wed, 01/25/2023 - 13:36
RE: Property Damage
Submitted by Teri Ross on Fri, 01/27/2023 - 06:58
ML, I am sorry to hear about your situation. Have you contacted your homeowner's insurance company? They insure your unit which was damaged by the neighbor's action, or inaction. It is your insurance company's role to work this out with the neighbor's insurance company. In any case, I hope you can get it resolved soon, especially given the mold. Make sure that you keep records of all the costs you incur to deal with the damage, and all the calls, emails, etc., you have made with the neighbor, their insurance company, and your insurance company.
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