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Small claims court is a civil court for low-value damages, with cases varying by region. Common cases include landlord/tenant disputes, breach of contract, breach of warranty, and personal injury. Legal advice is recommended due to gray areas.
Small claims court is a type of civil court where people can bring lawsuits seeking low-value damages payments, usually, but not always, under $5000 US Dollars (USD). There are many different types of cases that can be taken to small claims court, but the exact matters allowed can vary by region. It’s important to review your local laws regarding small claims cases before threatening a lawsuit or hiring an attorney.
Many small claims cases involve landlord/tenant issues. These are common disputes that can be difficult to resolve outside of court, as it’s easy enough to start bragging about and threatening evictions, refusal to pay rent, and other unfortunate consequences. In many areas, a tenant can sue a landlord for violating the lease or wrongfully refusing to return a security deposit. In turn, a landlord can sometimes sue if a tenant has broken a lease and refuses to pay rent until a new tenant can be found, or for damage to the property in excess of the deposit amount. cautionary. There are many gray areas in landlord/tenant small claims cases, so legal advice can be a helpful resource.
Some small claims cases handle breach of contract lawsuits that have damage costs below the allowable limit. In the event of a breach of contract, one of the parties fails to comply with the terms of a written or oral contract. If, for example, a gardener is hired and paid up front for landscaping but doesn’t carry out the work, the property owner could sue in small claims court to get the money back.
Similar to breach of contract are small claims cases involving breach of warranty. This type of lawsuit occurs when a commercial product is falsely advertised, causing injury or harm to users. The user can often sue the manufacturers of the product for repairs or medical bills. An example of a breach of warranty would be if a consumer successfully used a DVD cleaner to remove scratches, but the product actually destroyed the DVDs. In this case, the user may be entitled to sue for the replacement of the DVDs as well as the return of the money spent on the product in the first place.
Small personal injury cases are quite attractive, as they can sometimes include an additional amount of damages for emotional trauma suffered as a result of an injury. For example, if a person is attacked by a neighbor’s dog that was unprotected, she may be able to sue for medical bills. If the plaintiff also claims to have developed a terrible fear of dogs, the court may also award compensation for this emotional “injury.”
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