Got your attention, didn’t I? This blog is the first in a five-part series I will write on representing yourself in small claims court. In the legal world, a small claim is akin to removing a splinter. It can be done successfully by a non-lawyer with care and proper preparation. However, I must preface these blogs with the warning that they are limited strictly to small civil claims. I do not recommend that anyone proceed at a higher level without professional assistance anymore than I recommend you try to remove a bunion with an exacto knife and a pair of tweezers. Even with a small claim, spending a couple hundred bucks for a paid consultation with a lawyer before the hearing is money well spent.
Also, representing oneself in court is an option only for human beings. By law, corporations and other business entities cannot be represented by a non-lawyer. Anyone attempting to do so risks sanctions for practicing law without a license and any proceedings that take place may be null and void.
So what is a small claim? The amount depends on the jurisdiction. In Pennsylvania, claims for $8000 or less, exclusive of attorney fees and costs, may be brought in the local district courts, also called the minor judiciary. To file the claim properly, you need to know where to file it. Typically, the aggrieved party (plaintiff) will file the complaint in the district where the injury or damage occurred or where the person or company being sued (defendant) lives or has a place of business. To locate your local district court, go to www.aopc.org and click on the “Minor Courts” tab, or follow the link from my website.
The complaint itself is nothing more than a one-page form you can obtain from the court or download online. Fill in your name and address, the defendant’s name and address, the amount of money you are seeking, and a brief description of your claim. It can literally be as simple as “I loaned him money and he did not pay me back.” That’s it! No need to cite to statutes or case law.
Filing fees also vary depending on the jurisdiction and the amount of the claim, but generally do not exceed $125.00. Once you turn in the complaint form and pay your fee, the court will send notice of your complaint to the defendant. If the defendant fails to respond, usually within twenty (20) days, the court will enter a default judgment in the amount you requested. If the defendant responds, the court will schedule a hearing, usually within a couple months of the filing date on the complaint.
Because of their simplicity, speed, and nominal cost, the small claims courts are an effective way of disposing of minor claims without involving lawyers and incurring the time and expense of more intensive litigation. However, as with most things in life, there is a catch. Either party has the right to appeal an unfavorable decision from a small claims court to the county court (In PA, the Court of Common Pleas). Unscrupulous litigants may appeal simply to drive up the cost, aggravate their adversary, and delay the final resolution. If the court’s award is not appealed within thirty (30) days after the judgment is entered, it becomes final and enforceable, but even a final judgment does not necessarily equate to money in hand from the defendant. We’ll leave collection of judgments for another blog.
The remainder of this series will cover:
- How to prepare your case if you’re the plaintiff
- How to prepare your case if you’re the defendant
- Landlord/Tenant disputes
- Small claims in New Jersey Special Civil Part
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If the company name and address is on your contract, then the company is responsible. Whether the father or son are individually responsible depends on whether the company is a sole proprietorship (just the father), a partnership (father and son), or a corporation or LLC (separate legal entity). Knowing who to sue in small claims court is crucial. If you wish, email me a copy of the contract in .pdf form and I’ll be happy to tell you who the proper parties are. Whether or not father was aware son entered into contract doesn’t mean diddily. If the son was involved in the business, especially if the name is “& Sons,” then he had what we call “apparent authority” or “ostensible agency.” What that simply means is that even if a person does not have actual legal authority to bind a company to a contract, if a company holds that person out to you, the public consumer, as having the authority to act for the company, the company will not be permitted to deny the contract.
I hired a contractor and a 6 day job is turning into 3mos, and he is not returning my calls. I gave him 5600.00 and he has not purchased any material. He only did some demolition. I contacted his father who is the owner of the company, and whose name and address is at the top of the contract. He refuses to get involved, stating he was not aware that his son entered into a contract with me, and he is not responsible. Is the dad ultimately responsible? It a “&sons” situation, with my contractor being one of the sons . he told me his father is semi retired, and handles paperwork, and the money. Please help me.
Good luck! If you want to email me a bit about your case privately, I’ll be happy to offer you some more tips.
I’m getting ready to represent myself in small claims court and haven’t really known what to do until I read your articles. Thanks so much for the information, I’ll keep reading
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