Q&A

Do you have to file an answer in Small Claims Court?

Do you have to file an answer in Small Claims Court?

For small claims court, you do not have to file an answer, but you should still file an appearance. If you believe the plaintiff owes you money, you can file a counterclaim.

What happens in small claims court if you don’t pay?

The court will render its decision based on testimony and evidence and find for the plaintiff — the individual who files the claim — or for you, the defendant. A decision for the plaintiff will, in most cases, result in a money judgment against you.

When to sue for personal property in Small Claims Court?

For example, if you sell an item of personal property, and the buyer fails to pay for it, you may prefer to get your property back than to win a judgment for money that you may never collect. Some states, like Maine, expressly permit you to sue for restitution in small claims court.

Why is small claims court so fast and easy?

One of the reasons small claims court is so fast and easy is that, generally, only monetary damages are permitted. While some small claims courts hear certain eviction matters, none litigate divorce, bankruptcy, antitrust or other complex cases.

Can a beneficiary file a claim against a trustee?

There is no official enforcer of the trustee’s job, aside from the beneficiaries to whom he is responsible; however, a beneficiary who feels that his or her rights are not being protected, or who feels that the wishes of the deceased are not being upheld, has every right to file a claim against the trustee.

Can a trustee not give you information about a trust?

If you’ve also made a request for information about the trust (for example, what assets were in the trust when the settlor died, how trust money has been spent, what assets are left in the trust, etcetera) and the trustee will not give you the information and will not make a distribution to you then this may well be your situation.

When to file a breach of trust against a trustee?

If a beneficiary wants to file a breach of trust against a trustee, he or she must generally do so within one year of the incident’s original documentation.

How can a court remove a trustee from a trust?

A state court presiding in the state where the trust was created has the power to remove the trustee or order the trustee to perform his duties as prescribed by the trust deed and state law. In response to a petition filed by a trust beneficiary, a court may order the trustee to provide a written accounting of trust assets to the beneficiary.

What does small claims affidavit of complaint say?

The Small Claims Affidavit of Complaint or Complaint is the document that starts your small claims case. It says who is suing (you, the “plaintiff”) and names the person or business being sued (the “defendant”). It also states how much you are suing for and why you are suing.

Do you have to file an appearance in Small Claims Court?

You should also file an Appearance form, so you don’t risk a judge ruling against you. An appearance tells the court and the plaintiff that you will participate in the court process. For small claims court, you do not have to file an answer, but you should still file an appearance.

Where to file a small claims case in the Philippines?

A small claims case is filed with the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial Courts. Since this is a civil case, it must be filed in the city: a. Where the Plaintiff (the person suing) resides; or b. Where the Defendant (the person being sued) resides; or c.

Who can I call regarding small claims?

Small Claims Advisory Line. The public can call (209) 473-6463 at any time of the day to receive information regarding Small Claims Court forms and procedures, as well as referrals to other community resources. Trained advisory staff will respond to inquiries by telephone or email. Alternative Dispute Resolution Services. Same day, in court mediation services with trained mediators will be available for parties of small claims, civil harassment, and unlawful detainer cases in accordance with

How do I file claim in Small Claims Court?

In order to file a claim in small claims court, you or your attorney must go to the clerk’s office and file a statement of claim under oath or file a sworn statement of the claim. Typically, the clerk will have a blank form for you to fill out. You will need to know the Defendant’s address and the amount you are suing for.

What types of claim can I bring in the Small Claims Court?

When it comes to disputes involving money, you can usually file in small claims court based on any legal theory that is allowed in any other court, such as breach of contract, personal injury, intentional harm, or breach of warranty.

What are common types of small claims filed?

  • if the actions or proceedings are for money judgments or garnishment of wages
  • 000 or less
  • regardless of the amount of back rent that is claimed