Ask an Attorney: Small Claims Court - KMOT.COM - Minot, ND - News, Weather, Sports

Ask an Attorney: Small Claims Court

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A former customer refuses to pay the several thousand dollars he owes me for some home repair work I completed. Can I sue him in small claims court?

· Perfect case for small claims

· Description of small claims process

· Because of this level informality and the expedited process, which the state of federal court system is not accustomed to, there really are only certain types of cases that are appropriate for small claims court.

What sort of claims are those?

· Claims of a certain type and certain monetary value

· Collections or contract cancellation

· Claim cannot exceed $10,000

· In August, this amount will increase to $15,000

Do you need an attorney to bring a claim in small claims court?

· An attorney is not necessary

· Designed to be cost efficient

· Filing a claim in small claims court is really a simple process.

What steps does a person take to bring a claim in small claims court?

· Claim Affidavit Description

· Defendant must request a hearing date

· Informal hearing process and judge will decide the claim

Is there anything the parties can do if they prefer to have the case brought in a state court?

· Initially bring the claim in state or federal court

· Plaintiff cannot take claim out of small claims or appeal

· Defendant can remove to state or federal court

· Defendant must pay attorneys fees if he or she removes and loses

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