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Parties in Small Claims Court may not have an attorney unless both parties are represented by an attorney. Appeal can be on issues of law only; there is not a trial de novo in District Court on appeal.
The amount demanded in the complaint cannot exceed $7,000 excluding costs, and the Defendant must be able to be served within the county issuing the complaint. 2. A written complaint must be prepared and SWORN TO before the Court. A complaint is a brief, concise statement of the facts making up your complaint.
The law presumes that a person intends the consequences of his or her voluntary acts, and we have reasoned that a malicious intent to vex, annoy, or injure may be presumed where a prosecution is motivated by "some collateral or private purpose and not to vindicate the law."
In Montana, you may file in small claims court on your own for anything that is $7,000 or less. If you want to sue for more, you cannot file in small claims court and you may need the help of a lawyer. You may talk to the clerk of court for help in filing a lawsuit in small claims court.
People frequently appear in small claims court without a lawyer. If you do not fully understand your case or the court process, consider reaching out to an attorney. You may be able to get free legal help from an organization like Iowa Legal Aid or you can hire your own lawyer.
MAXIMUM CLAIM The amount in question in a small claims case cannot be more than $7,000. It must be a fixed amount that's easily determined, like a balance on a bill. Small claims court cases do not address ?damages? claimed for some sort of wrong.
Is an Attorney Required? In small claims court you can handle your personal or business legal matters without an attorney; however, you can hire an attorney to represent you if you wish. If the other party has an attorney, your chances of winning might be better if you also have an attorney.
A copy of the pamphlet prepared by the Attorney General must be given to the Plaintiff and a copy attached to the Notice to Defendant. 3. After the papers are properly filled out, take them back to the clerk at justice court to be SWORN TO, and for filing. The filing fee is $30 for the Justice Court.