{"id":368987,"date":"2020-04-30T08:22:14","date_gmt":"2020-04-30T13:22:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/going-to-court\/do-i-need-a-lawyer-for-small-claims-court.html"},"modified":"2024-04-27T23:41:24","modified_gmt":"2024-04-28T04:41:24","slug":"do-i-need-a-lawyer-for-small-claims-court","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/going-to-court\/do-i-need-a-lawyer-for-small-claims-court.html","title":{"rendered":"Do I Need a Lawyer for Small Claims Court?"},"content":{"rendered":"\n
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Do I Need a Lawyer for Small Claims Court?<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Not all disputes require the services of an attorney. Sometimes, all litigants need is a courtroom and a judge to decide who is right. You can go to small claims court if the matter involves a small amount of money, an eviction, or a property claim.<\/p>\r\n

Anyone may file a civil case in small claims court. Small claims cases take less time than civil litigation. The streamlined process ensures laypeople can file the case without an attorney. Filing fees are lower, and judges give litigants more latitude in following court rules.<\/p>\r\n

Small claims court cannot hear all cases. Family law cases<\/a> like divorce, custody modifications, and visitation have their own court. Bankruptcy and probate are heard in separate courts as well. Finally, cases over the statutory value in your state must go to circuit court, not small claims court.<\/p>\r\n

Can I Sue Someone in Small Claims Court?<\/h2>\r\n

The only limits to filing in small claims court are your age and the dollar amount requested. Any legal adult may file a civil lawsuit in court. Businesses<\/a> can also file small claims cases, and emancipated minors may also file.<\/p>\r\n

The limits for filing a small claims action vary from state to state. This is the maximum amount you may sue for in small claims. As of 2023, it can be as low as $2,500 (Kentucky) or as high as $25,000 (Tennessee). The average is about $10,000. These figures change periodically, so always check your state website before filing your claim.<\/p>\r\n

Some states order alternative dispute resolution (ADR) before your case can proceed. The most common form of ADR is mediation. Mediation involves the parties meeting with a neutral third party to attempt to resolve the dispute without involving the court. In many states, the judge will order mediation before issuing a judgment.<\/p>\r\n

Should I Hire a Law Firm for Small Claims Court?<\/h2>\r\n

The same district court hears small claims and all other cases. In many small claims courts, such as California, you cannot have an attorney represent you. You can speak with an attorney before filing your claim. In most cases, you should. You should always go to your court clerk’s website<\/a> and review your state’s filing requirements first.<\/p>\r\n

Many small claims attorneys offer legal advice for a flat fee. Since they will not represent you in court, you should have the attorney review your case before sending it in. This helps avoid filing errors that can delay your case or lead to a default judgment against you.<\/p>\r\n

You will only pay filing fees and service costs if you don’t hire an attorney. Attorney’s fees can add up quickly. You shouldn’t need an attorney if your case is straightforward and won’t need much legal research.<\/p>\r\n

Types of Cases Handled in Small Claims Court<\/h2>\r\n

Most small claims cases involve two people with a single dispute that has gone beyond simple negotiation. Landlord\/tenant disputes and homeowner contract cases frequently end up in small claims court. State laws govern contract disputes, and laypeople don’t know all the nuances of these laws. As a result, they need a judge to make a final decision for them. Common small claims cases include:<\/p>\r\n