Court clerks are not attorneys and cannot give legal advice. Judges or the Magistrate may not and will not give advice on matters they may have to rule on. They must remain impartial.
The court is only a tool that is available for settling disputes. The small claims process is designed to expedite the resolution of the dispute. Before filing your affidavit and claim, you should consider whether the opposing party has the money to pay, as a judgment in your favor does not mean automatic payment. It simply means that you have proven to the satisfaction of the court that the person/business you’ve sued owes you money.
Small Claims Court Requirements
By having the case tried in the Small Claims Court, you give up the following rights:
- The right to attorney representation
- The right to a jury trial
- The right to appeal beyond the district court
However, the defendant may not choose to give up these rights and may demand the case be transferred to the trial court before the hearing date or at the hearing.
Where to File
You must file your small claim suit in the city where the defendant resides, where the business is located, or where the incident occurred.