Advantages and Disadvantages of Small Claims Court
Here are some quick tips if you ever have to deal with small claims court.
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You can go to small claims court if you've unsuccessfully tried to get compensation for your damages through other means. If negotiations haven't worked, mediation hasn't been an option, and arbitration is is impractical for some reason, small claims court offers you another option.
Small claims court does have its benefits: it's easy for just about anyone to handle, you don't need a lawyer to argue your case for you, and you don't need to know a lot about court protocols or how to impress a jury.
Your case will be heard before a judge who knows that those not normally involved in legal proceedings are presenting their cases.
It's a pretty quick process to get your case heard through small claims court.
Small claims court does have its benefits: it's easy for just about anyone to handle, you don't need a lawyer to argue your case for you, and you don't need to know a lot about court protocols or how to impress a jury.
Your case will be heard before a judge who knows that those not normally involved in legal proceedings are presenting their cases.
It's a pretty quick process to get your case heard through small claims court.
Settling a Case
You may also want to file in small claims court simply because this may push an adjuster into settling your case. However again, if your case exceeds state imposed limits, this can be impossible.
If an insurance adjuster is offering you a settlement that's almost as high as the small claims court limit for your state, then threatening to sue them won't do much. They have no reason to increase their offer if they know a judge can't force them to pay much more than they already are.
If an insurance adjuster is offering you a settlement that's almost as high as the small claims court limit for your state, then threatening to sue them won't do much. They have no reason to increase their offer if they know a judge can't force them to pay much more than they already are.
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Law Definition
1. the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision.
2. any written or positive rule or collection of rules prescribed under the authority of the state or nation, as by the people in its constitution.
Compare bylaw, statute law.
3. the controlling influence of such rules; the condition of society brought about by their observance:
maintaining law and order.
2. any written or positive rule or collection of rules prescribed under the authority of the state or nation, as by the people in its constitution.
Compare bylaw, statute law.
3. the controlling influence of such rules; the condition of society brought about by their observance:
maintaining law and order.