Glossary of Terms-Small Claims

Glossary of Terms

appeal
commissioner
continuance
costs
damages
default
default judgment
defendant
defense
dismiss with prejudice
dismiss without prejudice
enforce
good cause
guarantor
installment payments
judgment
judgment creditor
judgment debtor
jurisdictional limit
mediation
motion
personal service
plaintiff
pro tem judge
process server
service of process
statute of limitation
vacate the default judgment
venue/jurisdiction
wage garnishment
waive
without prejudice

costs
Certain fees and charges a party pays to file and present a case or to enforce a judgment.
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damages
Money claimed or awarded in court, equal to the dollar value of the claimant's losses.
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default
When a party to the lawsuit fails to attend the small claims court hearing. If the party was properly notified of the action (served), the judge may hear and decide the case without hearing the absent party's side.
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default judgment
A judgment entered when one party does not attend the small claims court hearing.
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defendant
The person or business being sued.
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defense
The defendant's facts or arguments that demonstrate why the plaintiff is not entitled to the relief requested.
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dismiss with prejudice
To dismiss the present action, and deny the right to file another suit on that claim.
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dismiss without prejudice
To dismiss the present action, but leave open the possibility of another suit on the same claim.
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enforce
To put the judgment into effect by taking legal steps to bring about compliance.
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good cause
A good reason. For example, a party must have good cause (better than not having a car or not being able to find a baby-sitter) for not attending the small claims court hearing.
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guarantor
One who promises to be responsible for the debt or default of another.
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installment payments
Weekly, monthly, or other scheduled payments on a debt.
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judgment
The court's decision.
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judgment creditor
The party (who may be the plaintiff or the defendant) in whose favor a judgment has been awarded.
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judgment debtor
The party (who may be the plaintiff or the defendant on a defendant's claim) against whom the judgment has been entered.
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jurisdictional limit
The maximum monetary amount that may be awarded by the small claims court. The limit is $4,000.
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mediation
A non-adversarial, out-of-court alternative used to settle disputes.
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motion
A request to the court.
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personal service
Service of court papers by handing a copy to the person who is served.
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plaintiff
The party who files the lawsuit.
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pro-tem judge
An attorney who volunteers his or her time to hear and decide Small Claims Court cases. Also called a temporary judge or judge pro tempore.
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process server
A person who serves court papers on a party to a suit.
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service of process
Formally notifying the defendant that a suit has been filed against the defendant, made by certified mail, or by personal service, or by substituted service.
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statute of limitation
The period of time following an occurrence in which a lawsuit must be filed.
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vacate the default judgment
Getting a default judgment removed or erased.
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venue/jurisdiction
The particular court in which an action may properly be brought.
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wage garnishment
A legal procedure that requires the employer of a judgment debtor to withhold a portion of the judgment debtor's wages to satisfy the judgment.
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waive
To abandon or give up a claim or a right, or forgive some other requirements.
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without prejudice
A term used when rights or privileges are not waived or lost. A dismissal of a lawsuit without prejudice allows a new suit to be brought on the same cause of action.
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appeal
A new hearing of all of the claims by the superior court.
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commissioner
A Small Claims Court commissioner is an attorney hired by the court to hear Small Claims Court cases.
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continuance
A request to postpone a court date.
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