Law Articles - The Ins And Outs Of Small Claims
Perhaps the largest difference between a regular civil case and a small claims case is that in the case of small claims cases, lawyers are not allowed to attend the proceedings. This, along with removing the need for a jury, is done in the spirit of delivering timely judgements on all cases presented. This of course leads to keeping costs to a minimum. And this reflects in the small costs required to file small claims. While there is no attorney needed to file small claims cases from a legal stand point, filing a small claims case without the assistance of an expert lawyer can be viewed as a rushed action and it can easily lead to a person loosing their financial rights, even if these rights are backed by solid proofs.
The rule of thumb in all cases that need the judgement of a certified judge or mediator is to seek the expert advice or service of a competent lawyer able to represent or advise in court cases. This also applies to small claims court. While lawyers are not legally needed and are not permitted to represent their clients in small claims court, people thinking to file small claims cannot afford to risk losing their case on behalf of a childish mistake. Looking over important aspects of a small claims case is pretty frequent, and frankly, the risks are not worth it especially if we take into consideration the low court fees.
Anyone thinking to file small claims in a small claims court should know that cases are resolved by court appointed mediators that are highly skilled and more than able to resolve this type of cases. Mediators take the first look at a case when in the court room with the two parties and a short trial follows. The mediator thoroughly explains the approximate costs and time spent with a regular civil suit should a conclusion not be reached by the end of the session. Although many small claims cases are resolved in small claims court, the cases which cannot be resolved shall return to civil court.
For more resources about Small claims or even about File small claims, please review this page http://www.legaljiffy.com/
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