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FDCPA Glossary
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Small Claims Court

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Small Claims Courts are courts with limited jurisdiction. They are responsible for hearing civil cases made between private litigants. They are typically responsible for hearing cases between parties that do not involve large sums of money. Most of the cases heard before the small claims court are for the routine collection of minor debts.

A small claims court is limited in the maximum monetary judgment it can award. When a plaintiff goes to small claims court they typically waive rights to claim more than the maximum amount that the court is allowed to award.

How Does Small Claims Court Relate to an FDCPA Case?

In order for a plaintiff to bring charges in small claims court, he or she must first prove that the damages are actually within the jurisdiction of the court. Sometimes when a party loses in small claims court they may be entitled to a trial in a more general court that has more formal procedures. Sometimes the rules are altered and simplified to make the procedures affordable. This is so individuals may represent themselves without the expense of an attorney. If the defendant does not show up for the trial or does not request a postponement, a judgment by default may be issued to the plaintiff.

How Can an Attorney Help?

Even though the procedures in most small claims courts are simplified so you do not need an attorney, many creditors still bring their own legal representatives. It may be beneficial to hire an attorney to represent you as well if you are facing a small claims court case. If you need to be connected with a debt collection attorney, simply fill out our Free Evaluation today!

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