What are the advantages and disadvantages of taking your case to small claims court? Refer to text
Advantages
1 . Fast. Once a claim is filed (which is a fairly easy process), your case will be heard shortly thereafter, generally within thirty to ninety days.The actual hearing lasts about one hour or less (sometimes only fifteen minutes).
2 . Informal. Technical rules of evidence and procedure followed in a regular court trial are not strictly applicable in small claims court and an individual can represent himself or herself.
3 . Inexpensive. Since a party is not required to have an attorney, no attorney's fees are required. Only a small filing fee is required. Further, a person with a legal claim might have been discouraged from filing the case in another court where legal fees and court fees might have exceeded the amount of the plaintiff's (person suing) claim.
Disadvantages
1 . The maximum amount for which a person may sue in small claims court is limited by state law in each state. If you are seeking an amount that exceeds the small clailms courtlimit for yur state and you win your case, you will be unable to claim any amount over the state limit.
2 . Most states allow only the loser to appeal. A few states allow no appeal.
3 . Difficult to collect the judgment if you win your case. The court does not participate in the collection process. If you win, you are on your own and may have to take legal action to collect if the loser will not pay. You may have to hire a collection agency at great expense.
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