LEGAL MATTERS: Is Small Claims Court A Good Idea?
Wednesday, May 01, 2013
With lawyers charging more than $200 per hour, more and more people - and businesses - are turning to small claims court to resolve disputes on their own.
The Basics
In Massachusetts, you can pay a $50 - $150 filing fee and sue for up to $7,000. Depending on where you file, you will get a trial within 2 months (Attleboro) to 12 months (Worcester). The court system has this very helpful web site that will answer your questions about where to file and what paperwork you will need. If that site does not answer all your questions, you can check out this one.
Filing in Rhode Island can be cheaper ($61.57) and you will get a trial faster (within 1 – 3 month). But you cannot sue for more than $2,500 and it is harder to get information on the internet; the small claims web site maintained by the Rhode Island court system has been under construction for over a year and the second ranked site on Google, www.smallclaims.com, has information that is flat out wrong. Your best bet is to read the small claims law and then go to the District Court in your area and ask the clerk. Clerks will not give you legal advice but they can help you with procedural and paperwork issues.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTNow here are some hints you won’t get from the web or the clerks.
Massachusetts Is Better
Unlike in Rhode Island, if you win in Massachusetts the court system will automatically try to help you collect your money. And, if you sue someone in Massachusetts, you may be able to send a “93A demand letter” beforehand and then recover triple what you are owed. Even if you are in Rhode Island, if the person or business you are suing is in Massachusetts, you can usually sue in Massachusetts.
You Cannot Appeal
If you file a case in small claims and lose, you cannot appeal to a higher court. You should consider that because small claims is the Wild West of the judicial system; Judges, and Magistrates in Massachusetts, are the law and they pretty much get to run their trials however they want. You will get a basically fair hearing but it might not come with the high evidentiary and procedural standards that apply in other courts. Sometimes that helps you, sometimes it hurts you.
Getting Their Attention
You will have to provide the court with the address of the person, or business, you are suing. If it is a business, give the court its “Registered Agent.” If you are suing a Rhode Island business, you can look that up here. If it is a Massachusetts business, look here and if it is a bank or credit union, check here. Sending the lawsuit to a Registered Agent guarantees it will get to the business’s lawyer or legal department.
Bring Witnesses
To win your case, have real live witnesses in court with you the day of the trial. Do not assume the judge will consider letters or affidavits you bring to court; most will not. The reason is everyone should be able to question the evidence the other side presents and you cannot cross examine a document. If the other side tries to submit a letter or affidavit, object.
Take Your Shot
Regardless of whether you win or lose, small claims you will get you your day in court. That - the satisfaction of making the other side come into court and explain what they did to a judge - is sometimes victory enough.
John Longo is a consumer rights attorney practicing law in Rhode Island and Massachusetts. He represents consumers who have disputes with businesses, employees cheated out of their wages or overtime, car buyers stuck with Lemons, and people in need of bankruptcy protection. He is a member of the National Association of Consumer Advocates, the National Association of Consumer Bankruptcy Attorneys, and the Rhode Island Association for Justice.
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