Small claims basics Generally, you can only sue for up to $12,500 in small claims court (or up to $6,250 if you're a business). You can ask a lawyer for advice before you go to court, but you can't have one with you in court. Starting November 1, 2021, you can sue or be sued for COVID-19 rental debt in small claims.
An Order to Show Cause is a method that a party may use to request that the court reopen their case, usually after a default judgment has been entered. A default judgment can be entered if a defendant fails to answer a summons, or fails to appear for trial or hearing.
How do I start my Small Claims or Commercial Small Claims case? You or someone else may start your case by filling out a Complaint Form (DC-283). The Complaint Form describes your claim to the Court. You may file by mail or you may file in person at one of the District Court courthouses.
Claims for more than $10,000.00 may not be brought in Small Claims Court. They must be started in the Civil Part of the court or in a different court.
Except for when a government agency is sued, there is almost always at least one year from the date of an event to start a case no matter what type of claim it is. You should have no statute of limitations worries if you file your case within this one-year period.
Defendant Does Not Appear If the clerk calls your case on the calendar and the defendant does not answer and appear, the court will direct an inquest. This means the judge or arbitrator will hear your case even though the defendant is not present.
A demand letter is sent as a courtesy or a reminder in most cases after other attempts have been exhausted and have failed and before any legal action is taken. It's usually forwarded to the recipient by certified mail, giving them a final chance to rectify the situation financially or otherwise.