Small Claims Court

News & Analysis as of

Small Claims: When Litigating Without a Lawyer Makes Sense

Many people and businesses have disputes or suffer damages in the thousands of dollars, which they need to resolve or seek compensation for. The dispute or claim might involve the sale of used furniture or other personal...more

FDCPA Claims Related to Venue of State Court Collection and Garnishment Action Barred by Statute of Limitations and Rooker-Feldman...

Michael Marienthal v. Asset Acceptance, LLC and Wright, Lerch, & Litow, LLP, No. 1:14-1636, 2016WL795902 (SD. Ind.) - The U.S. District Court for the Southern District of Indiana granted debt collector and law firm’s...more

3 Stage test in Denton applied and relief refused by High Court!

In Pipe v Spicehaart Estate Agents Ltd (t/a Haart) [2016] EWHC 61 (QB) (18 January 2016) the High Court has applied stage 3 of the test set out in Denton and refused to allow a respondent to file a respondent’s notice 48 days...more

New Rules of Court Regarding Writ Petitions in Small Claims Court Cases

Effective January 1, 2016, new Rules of Court detail the procedures for filing writ petitions in small claims court cases. See Cal Rules of Ct 8.970?–?8.977. These new court rules elaborate on CCP §116.798, which was enacted...more

A Contractual Attorney Fee Provision Cannot Override the Statutory Cap on Attorney Fees in a Small Claims Appeal

Michael Dorsey v. The Superior Court of San Diego (Crosier) - Court of Appeal, Fourth Appellate District (October 22, 2015) - Small Claims Court exists so those with meritorious claims under $10,000 can have their...more

Indiana Tax Court Reverses Property Tax Ruling Based on Assessor’s “Trial by Ambush”

Even in a small claims proceeding, the Indiana Board of Tax Review must “uphold the fundamental tenet of our judicial system that neither party be subjected to a trial by ambush.” In RJK Trust v. LaPorte County Assessor...more

Hire a Lawyer—or Go It Alone?

Woodland Hills personal injury lawyer Barry P. Goldberg meets with hundreds of prospective clients who have questions whether it makes sense to hire a lawyer or “do it on your own.” Most often, the decision focuses on the...more

My Business Is Being Sued in Small Claims Court, Now What?

Perhaps you have an unhappy customer, a disgruntled employee or a dispute with a supplier. You’ve tried to resolve the dispute, but just cannot come to an agreement. Now, the sheriff or a constable is knocking at your door...more

No Claim Is Too Small: Copyright Office Proposes Small Claims Tribunal

The U.S. Copyright Office has proposed legislation that would enable copyright owners to enforce their rights in a streamlined alternative to federal court litigation designed for smaller-value claims. ...more

Appellate Notes: Recent Decisions of the Connecticut Supreme and Appellate Courts - January 2013

In This Issue: -AC31211 - Aguinaldo v. Warner -AC33771 - Thompson Gardens West Condominium Assn., Inc. v. Masto -AC33850 - Unifund CCR Partners v. Schaeppi -AC33400 - Samnard Associates, LLC...more

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