Small claims courts resolve disputes over small amounts of money. While the maximum
amount that can be claimed differs from state to state, court procedures are
generally simple, inexpensive, quick and informal. Court fees are minimal, and you
often get your filing fee back if you win your case. Typically, you will not need a
lawyer-some states do not permit them. If you live in a state that allows lawyers and
the party you are suing brings one, don't be intimidated. Most judges make allowances
for consumers who appear without lawyers. Even though the court is informal, the
judge's decision must be followed.
If you file a case and win, the losing party should give you what the court says you
are owed without further action on your part. But some losers refuse to follow the
court's decision. When this happens, you can go back to court and ask for the order
to be enforced. Depending on local laws, law enforcement officials might sell a
person's property or take money from a bank account or business cash register. If the
person who owes the money receives a salary, the court might order an employer to
garnish (deduct money from) each paycheck to pay you.
Check your local telephone book under the municipal, county or state government
headings for small claims court offices. Ask the clerk how to use the small claims
court. Before taking your own case to court, observe a small claims court session
and ask the court if it has information that will help you prepare your presentation
to the judge.
Beware: Recovery Services
A scam artist has taken your money. Don't be scammed again by a "recovery
service" offering to get your money back for you. The service is just trying
to take your last dime. There is no charge for filing a complaint with a
government agency.
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