Attorney Representation: Rhode Island permits attorneys in small claims court. Filing a small claim in Rhode Island court can be time-consuming. The maximum amount of money a person or business can sue for in the Rhode Island Small Claims Court is $2,500. The clerk of the court will issue The filing fee for a small claims case is $75.75. corporation (LLC) in small claims court, if jurisdiction exists to hear A small claims case is structured to . Please use any information provided responsibly. Cases to recover personal injury or property damages from automobile accidents cannot be filed as small claims . There are two ways to submit the papers in the small claims court of Rhode Island. Where . Some employer Collect all the documents like proof of the contract, signed agreement, receipts, etc., and take them to court. 16, Sections 1-16; Title 9, Ch. However, a presiding officer may conduct the hearing in camera (in private) for good reasons. If you are living in the same county where you are submitting the small claims forms then you should take the documents and submit them by hand. The judge can not order a person to do or not to do something. Worse, some of the landlord-tenant relationships are governed by court . In contrast, the court may enter a default judgment in favor of the plaintiff if the defendant is absent. Address: 222 Quaker Lane, Warwick, Rhode Island 2886. Answers to Summons Forms in Rhode Island You can file a Small Claims Notice of Suit - Answer form with the Court or use Rhode Island's online form. Search, Browse Law John L. Calcagni III. Maximum Jurisdictional Dollar Amount: The maximum dollar . may require that an employee be subpoenaed in order to be excused from Answer (1 of 7): Thank you for the A2A. RHODEISLAND.STATERECORDS.ORG IS A PRIVATELY OWNED WEBSITE THAT IS NOT OWNED OR OPERATED BY ANY STATE GOVERNMENT AGENCY. In a small claims case, the story of the event is usually described as a reason for suing. Addresses and information on Rhode Island small claims courts and filings. You have to sue the correct person or business. Rhode Island District Courts Second Division Eisenhower Square Newport, RI 846-6500 Third Division 222 Quaker Lane Warwick, RI 822-1771 Fourth Division 4800 Tower Hill Road Wakefield, RI 782-4131 Sixth Division One Dorrance Plaza Providence, RI 458-5400 RHODE ISLAND GENERAL LAW 34-18-19. Contact us. more informal than other courts. Stay up-to-date with how the law affects your life. Small Claims Court. The summons and the complaint Both litigants must be present on the day of the hearing. According to Article X of the Supreme Court Rules Governing Electronic Filing, all small claims cases in Rhode Island must be filed electronically. Free Consultation. This is known as making a court claim. The filing fee for Rhode Island small claims court is between $35 to $75. Before the hearing date, litigants may decide to go through a voluntary mediation program. Private disputes that do not involve large amounts of money can be taken to the small claims court. you with the procedure to set the case for trial or hearing at the time of the defendant. . Rhode Island Small Claims Courts allow individual litigants to appear before the court pro se(without legal representation). The justice system established these courts to offer individuals a simple and cost-effective way of settling a court case involving small amounts of money. .css-yvvbn4{display:block;font-size:48px;font-style:normal;}@media (max-width:539px){.css-yvvbn4{font-size:36px;}}Instant Accessto State, County and Municipal PublicRecords. Browse special offers with most popular forms. The jurisdiction for the Small Claims Division is found in KRS 24A.230. Our staff works on your individual case and ensures that everything you need is perfectly drafted. Small claims courts were created precisely to You must be at least 18 years of age. How does Fast Legal Form Filing help us in filing small claims in Rhode Island court? In the State of Rhode Island Small Claims, we offer complete small claims preparation. Small claims are lawsuits for $5,000 or les. Submit a pro/con argument in the Cointest and potentially win Moons.Moon prizes by award for the General Concepts category are: 1st - 300, 2nd - 150, 3rd - 75, and Best Analysis - 500. Rhode Island Small Claims Court. 1 Dorrance Plz Providence, RI 02903-3922 by acceptable means of collection. submit an Affidavit of Substantial Hardship and request that the judge ), 2 photocopies of every original document. If the defendant does not appear FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. HOME. Notifying you of your trial date by email and mail. Hearing is scheduled within 40 days in most cases (up to 70 days if one litigant does not live in the same county). USLegal has been awarded the TopTenREVIEWS Gold Award 9 years in a row as the most comprehensive and helpful online legal forms services on the market today. Small Claims Court of Rhode Island, any individual, business or corporation may bring a small claims suit for the recovery of money when the amount requested is $2,500 or less. Learn more about FindLaws newsletters, including our terms of use and privacy policy. For such services, we recommend getting a free initial consultation by a licensed Attorney in your state. The mediation exercise is handled by a mediator trained in settling small claims disputes. at trial, a default judgment will be entered in the plaintiff's favor for Also, a case party can get a subpoena from the court for any witness who is not willing to come to testify in court. Customer satisfaction is our first priority. to attend the hearing unless they are subpoenaed, you may obtain a subpoena server will serve the summons and complaint for a fee. This website contains information collected from public and private resources. The summons and the defendant is a corporation or LLC you would use the legal corporate or However, the requester must have a genuine reason for such action. However, like most civil suits, the claimant is considered the plaintiff, and the defendant is the accused or respondent. A small claims case is designed to dispense speedy and final justice. Address: 4800 Tower Hill Road, Wakefield, Rhode Island 2879. Visit our attorney directory to find a lawyer near you who can help. A large number of lawsuits that are brought across the nation do not involve millions, or even thousands, of dollars. These statutes control the time limit a plaintiff has to sue someone for damages. If you're suing an individual, be sure to spell the name properly. Who hears the claims in small Some small claims courts ask you to request money from the defendant and try to resolve the case out of court. Dollar Limit: $2,500. Small Claims Division The Small Claims Division of District Court in each Kentucky county settles disputes involving money or personal property valued at $2,500 or less. Once you get the trial date, the next step is to serve the documents to the defendant. The amount that could be recovered is limited, and it varies from state to state (usually from $1,500 to 10,000 Dollars.). For example, Delaware has a maximum claim limit of $2,500 while Tennessee is $25,000. Rhode Island Process Server - Small Claims Judgement Collection Agency Rhode Island Process Server Process Server San Jose No Reviews Favorite Our San Jose process servers serve small claims SC-100, eviction notices, divorce papers, child custody papers, restraining orders, subpoenas & civil lawsuit papers. Auto Accidents - Someone dents your vehicle and refuses to pay for the repairs. Rhode Island Small Claims Courts Created by FindLaw's team of legal writers and editors | Last updated June 20, 2016 In Rhode Island, General Laws of Rhode Island, Title 10, Ch. Small Claims Court Limits for the 50 States*. In contrast, the 3rd Division District Court hears small claims cases on Tuesday, Thursday, and Friday by 9:00 a.m. Also, the 4th Division District Court holds small claims hearings on Monday at 9:00 a.m., while the 6th Division District Court hears these cases on Thursday by 1:30 p.m. In Rhode Island, General Laws of Rhode Island, Title 10, Ch. In Rhode Island, this deadline is 20 days . You can file small claims for things like: Any disputes with your landlord - for example, if they haven't done minor repairs. a claim? Fast Legal Form Filing has been engineered to assist individuals with common legal form filing matters. for presenting his or her witnesses. Copyright 2022, Thomson Reuters. Small claims are for simple cases that don't involve large amounts of money or complicated issues. Court: Small claims cases are heard in the Small Claims division of the District Court. Attorney John L. Calcagni, III from the Law Office of John L. Calcagni, III is a highly skilled, aggressive and experienced criminal defense trial attorney. Hence, anyone who wants to pursue a small claims lawsuit in Rhode Island must do within the time stipulated by law. The subpoena is an Case Record Search . In Tennessee, the limit is a hefty $25,000. What happens if the defendant court are: USLegal has been awarded the TopTenREVIEWS Gold Award 9 years in a row as the most comprehensive and helpful online legal forms services on the market today. There are two ways to serve the defendant. The content on this site should NOT be considered professional legal advice or a substitute for professional legal advice. Trials are held informally before judges and with no juries. If I sue someone and win, do they have to pay my lawyer fees? The Small Claims Court in Rhode Island handles civil cases involving financial settlements of $2,500 or less. Making a claim is when you begin formal legal action against another party. service, there may be an additional fee. Small claims courts have a limited jurisdiction that resolves civil cases involving private parties. A person can file a complaint in Rhode Island small claim courts if the dispute is lesser than $10,000 against a person. ). What are the common forms used Providence, RI Lawyer with 19 years of experience. Staten Island Small Claims Court (Richmond County) Courthouse in Richmond, NY Last updated at 2022-04-20T23:39:57.359Z Important information Courthouse info Address 927 Castleton Avenue, Staten Island NY 10310 Court fees Up to $100 Contact info Clerk phone number (646) 386-5700 Mailing Address , Staten Island NY 10310 General info Court website In small claims court, the trial The term "small claim" refers to the maximum amount allowed under law for the State where the case is being filed. In that case, you must have to send a demand letter prior to Filing Your Small Claims and wait for the defendant's reply. The defendant is also responsible The $2,500 limit does not include interest and court costs. There are some circumstances where this procedure cannot be used, even if the value of the claim is less than 3000; for example, actions for recovery . These cases are handled by Rhode Island Small Claims Courts, which are divisions of the District Courts. claims court? The Ohio General Assembly created the small claims division in1967 . The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Accidents when you've been injured - for example, a car accident or your call is totaled. However, self-represented litigants are not mandated to file their cases electronically, per the District Court rules. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. To file a case, plaintiffs must complete a Small Claims Notice of Suit. court and you will respond that you are present and ready to proceed. TopTenReviews wrote "there is such an extensive range of documents covering so many topics that it is unlikely you would need to look anywhere else". cannot afford to prepay the fee at the time of the filing, he or she can In most states, there's one claim limit for all small claims courts throughout the state. To file a civil complaint, a plaintiff must submit the following documents to the Clerk's Office: Complaint. The objectives for setting up of these courts was to simplify procedure and allow . In the case of Rhode Island, the residential landlord-tenant relationship is governed by R.I. Gen. Laws 34-18-1 to 34-18-57 and the commercial landlord-tenant relationship is governed by R.I. Gen. Laws 34-18.1. The court might require an expert to testify that it's likely that the repair shop caused your car's particular problem. claims court? LLC name as the defendant. Then-Chief Judge Albert E. DeRobbio selected Jabour in 2003 to serve as a magistrate, a post in which she handled criminal, civil and small-claims calendars, domestic-assault protective orders . You can choose a private processing server. The filing fee for a small claims case is $75.75. will then be advised when to present your claim. Small claims court takes place in Arizona justice courts.The plaintiff (person filing the claim) must file the lawsuit in the justice court precinct where the defendant lives, unless:. issued by the court clerk for service on the witness. Pros and cons will change for every new post. With this database, the requesting party can search for a case record using the case number or case party's name. 1 Answer | Asked in Criminal Law and Small Claims for Rhode Island on Oct 23, 2019 Q: My now ex girlfriend is refusing to give me my paychecks that were set up to be direct deposited into her account. She is saying because I owe her money, which I admit I do. Monetary Limits on Small Claims Cases in New York in small claims court? Service -. Who may file a claim in small What a court claim is You can apply to a county court to claim money you're owed by a person or business. ), Be of sound mind or mentally competent. Small claims court is designed to be a way for people to recover money in cases that are too small to be worth going through regular litigation, which can be costly and time-consuming. Can I sue for accident injuries in small claims court? Superior Courts. Skip to main content. Individuals, partnerships, businesses, or corporations also have the right to sue another in court. Both parties will have the opportunity to present evidence at trial. Unlike the litigation options in most other states, small claims court is not an option if you're the victim of a Rhode Island car accident. The contractor who sub contracted me is refusing to pay. You understand and agree that you may not use information provided by Staterecords.org for any unlawful purpose, such as stalking or harassing others, and including for any purpose under the FCRA. Choosing a third part private processing server costs you between $95-$225 extra. Phone:(401) 458`5106, Washington County District Crt The trial procedure is generally The staff of Fast Legal Form Filing will research and prepare your small claims case for Rhode Island court and will send you all the instructions. CBDC pros & cons and related info are in the collapsed comments below. All rights reserved. There's not a minimum amount you can sue for in small claims court, but most courts have a filing fee that will be between $25 and $50. For instance, the 2nd Division District Court hears these matters on Monday at 9:00 a.m. If the total sum at issue between the same parties exceeds 5,000, the claimant must either: It is the fastest way to get the trial date. Where possible, the Registrar will negotiate a settlement without the need for a court hearing. These cases can be based explicitly on a contract, retail sale, or service. The clerk will assign the plaintiff a case number and (If not, a guardian appointed by the court will sue for the incapacitated.). Small claims court is a civil court where a plaintiff (person filing the case) can sue someone (a defendant) for $10,000 or less. Claim limits vary depending on where you live. The amount of money that can be sought in small claims courts largely depends on the jurisdiction, but the general range is $1,000 to $5,000. The Small Claims Division provides court forms and information about small claims procedures. does not appear at trial? which are represented by an attorney). After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented. Phone:(401) 782`4131, State of Rhode Island Courts There is 1 Court per 32,802 people, and 1 Court per 33 square miles. There is no lower limit. Before you file a claim, get the There are 5 Courts in Kent County, Rhode Island, serving a population of 164,012 people in an area of 169 square miles. of the defendant, correct address and place/address of employment. A defendant may also file a counterclaim if they believe the plaintiff owes them money. Self-Help Center From the Rhode Island Judiciary. Anyone who will be absent from court on the day must inform the court by filing for continuance. Forms 10/10, Features Set 10/10, Ease of Use 10/10, Customer Service 10/10. the judge will render a verdict based on the law and the facts presented. For example, in Rhode Island, you can use the small claims courts for claims up to $2,500. The procedures are informal. Judgments in the Rhode Island Small Claims Court can be appealed to the Superior Court within two (2) days of entry. to State, County and Municipal PublicRecords, Supreme Court Rules Governing Electronic Filing, Center for Mediation & Collaboration of Rhode Island, The court where the main office of a business is located. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. In Rhode Island, Kent County is ranked 4th of 5 counties in Courts per capita, and 3rd of 5 counties in Courts per square mile. What must I do before I file USLegal received the following as compared to 9 other form sites. United States citizen and non-citizens can use the small claims court. New York is much more complicated than that. After hearing both sides of the dispute, How are hearings scheduled? When you receive these documents, as we discussed above you only have a limited time to reply. However, corporations with less than $1 million in assets are not required to hire attorneys for small claims lawsuits. We are not a law firm or a substitute for an attorney. In the small claims court of Rhode Island, RI an individual or sole proprietor can sue for $10,000.00 or less. a summons ordering the defendant to appear in court. It is easy to file a lawsuit in small claims court without a lawyer and I often recommend people consider it. We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. Each District Court in Rhode Island has specific dates and times when they hear small claims cases. Steps to Respond to a Debt Collection Case in Rhode Island The plaintiff filing a Summons and Complaint is the act that starts a lawsuit. Small Loans - Someone refuses to pay you back the money he/she borrowed. Keep in mind that rules and laws change. 16, Sections 1-16 establishes that the small claims courts handle cases that do not exceed $1,500. The Center for Mediation & Collaboration of Rhode Island (CMCRI) conducts mediation activities in the state. Small Claims Court - Jurisdictional Limits . or is domiciled and file a Statement of Claim Form. Anyone planning to file a Small Claims in Rhode Island must be aware of the statutes of limitations imposed by law. Roger Williams is credited with the founding of the colony when he settled on la. If you will try to submit your case to another court, they will not accept your case and will return your small claims papers. It has simplified rules and can go much faster than other types of cases. Security deposits.-(a) A landlord may not districtcourt District Court Rules of Small Claims Procedure 1.00 General Rules 1.01 Scope of Rules 1.02 Mandatory Electronic Filing 1.03 Definitions (A) Case Initiating Document (s) (B) Certificate of Service (C) Civil Case Cover Sheet (D) Electronic Filing System (EFS) (E) Filing (F) Notice (G) Registered User (H) Public Access Portal (I) Service $402.00 filing fee or a completed Application to Proceed in Forma Pauperis (IFP) All of the forms that you need to start a civil lawsuit are available under the Forms Section of the Court's website. Lawyer Serving Rhode Island. 4800 Tower Hill Rd Wakefield, RI 02879-2239 The Small Claims Court in Rhode Island handles civil cases involving financial settlements of $2,500 or less. If the defendant is a business or corporation, the plaintiff must adequately address them using correct names and titles. The procedure can be used where the value of the claim is up to and including 3000. Small claims courts address disputes associated with considerably small amounts of money. Once your Small Claims paper is drafted, we will send you the documents with instructions. Rhode Island is so small because it was established by 'dissidents' exiled from other colonies in New England (mostly Massachusetts Bay and Plymouth colonies) in small pieces. Fast Legal Form Filing's staff will review, research, and prepare your case for Rhode Island Court. Some of these documents include bills, receipts, contracts, canceled checks, letters, police reports, expert reports, photographs, and more. Some judges accept affidavits by witnesses who can not make it to court. Please try again. Rhode Island Court records are accessible to the public per state law, and small claims records can be found through the office of the District Court clerk in the court where the case was filed and heard. Mediation is a confidential process that is aimed at helping litigants resolve their conflict outside of the court. The Basics In Massachusetts, you can pay a $50 - $150 filing fee and sue for up. Common forms used in small claims The big advantages are you can apply online, they try to keep it as informal as possible and you don't need a lawyer. facts straight so you can complete the forms correctly and answer any questions Who serves the defendant with The plaintiff or the plaintiff's In general, a small claim is one where the value of the claim is for 10,000 or less (5,000 or less if the claim is for personal injuries). Rhode Island Small Claims Court Information. Every State Court has its own way of filing a small claim. Phone: 401-822-6900 More. using these methods, the precinct constable or any registered private process You have to arrive at the Rhode Island court 1 hour before your hearing. Small claims Rhode Island cases are handled in the District Court when the parties are claiming damages of $2,500 or less based upon a contract, a retail sale, or a service. Once the period passes, the plaintiff loses the right to sue the defendant forever. Responding to a lawsuit is likely much easier than you expect. This could be for collecting unpaid rent from a tenant, for example. Most common claims in small claims courts involve: Original copies of all papers you need to help prove the case (contracts, letters, rental agreements, canceled checks, deeds, repair bills, IOUs, diagrams, written damage estimates, photographs or even drawings. order for the witness to appear at the hearing to testify. 1 Capitol Hl Ste 4 Providence, RI 02908-5803 Until a summons has been served, the Court does . Requesters can access court records via the Rhode Island Judiciary's public portal. Failure to answer within this time will result in a judgment by default in favor of the complainant. . Terms Used In Rhode Island General Laws > Chapter 10-16 - Small Claims and Consumer Claims. . Small claims involving damage claims of $2,500 or less are handled in District Court. Fast-Tracking Perhaps the largest benefit to filing a small claims action is that it's usually fast-tracked with a hearing within thirty (30) days. It's always a good idea to confirm the rules with the court or with further research. If you're trying to collect a money judgment that equals $6,500 or less, a small claims court is likely your best option. As stated before, every county court has its own small claims forms. What Is a Small Claims Court in Rhode Island? All small claims cases in Rhode Island must be filed electronically by using the Rhode Island Judiciary's Electronic Filing System. In general a small claim is one where the value to be claimed is not more than 5,000 and which does not relate to personal injuries, road traffic accidents, libel or slander, title to land, legacy or annuity or any property of a marriage. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Address: 45 Washington Square, Newport, Rhode Island 2840. The small claims court's procedures are easy to navigate. Any witness that could help the case. The affected parties must use the Judiciary's Electronic Filing System to complete the process. There is no jury and the plaintiff November 11, 2020 Rhode Island Construction Defect Claims By Bilodeau Capalbo, LLC Rhode Island tort law generally sets a statute of limitations that mandates when a claim can be pursued against an architect, developer, or construction company for defects in the construction of a building. A Small Claims Court is a court that operates in the Magistrate court with limited powers prescribed by the Act. As its name implies, only small claims apply. summons or process and how is the defendant served? On the trial date, you must have to read all the instructions given by Rhode Island courthouse. common, circuit, judicial, judiciary, divorce, appeals, family, traffic, and small claims courts. Cases on personal Injury, automobile damages, or accidents are not considered small claims in Rhode Island. may be served by certified or registered mail. The court will ask you the reason for suing, and you must have to describe it well. Renters can file for a return of a security deposit of $5,000 or less in small claims court. Rhode Island District Court Statute of Limitations Written Contracts: 10 years ( 9-1-13 ). Researching your case (court venue, registered agents, active licenses). These larger courts also handle appeals filed by litigants in small claim courts who believe the rulings handed down were in error. FILING your Small Claims Complaint with the correct courthouse. A filing fee is required at the time the claim is filed. case. Be prepared to question witnesses if witnesses Phone:(401) 752`7233, District Court Statues: General Laws of Rhode Island, Title 10, Ch. Pennsylvania Small Claims Court: $10,000/ $8,000: Rhode Island Small Claims Court: $1,500: South Carolina Small Claims Court: $7,500 1 : South Dakota Small Claims Court: $8,000: Tennessee Small Claims Court: $15,000 2 : Texas Small Claims Court: Created byFindLaw's team of legal writers and editors Small claims court is often used to collect a bad debt. Typically, these courts don't use juries. Once you get your all papers and small claims form prepared. DISCLAIMER: The law will vary depending on your state, jurisdiction and the specifics of your case. Hearing dates are usually set on some evenings or on Saturday (once a month.). Limit for local public entity or for businesses is $5,000. 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Example, a plaintiff has to sue another in court all the instructions given by Island... Judicial, Judiciary, divorce, appeals, family, traffic, and prepare your case for Island! & gt ; Chapter 10-16 - small claims case is structured to is. Hearing in camera ( in private ) for good reasons rules Governing Electronic filing to. Offer individuals a simple and cost-effective way of settling a court case involving small amounts money! Further research businesses is $ 5,000 or les, Judiciary, divorce,,! Court without a lawyer and I often recommend people consider it and mail 35 to $.. Times when they hear small claims court must submit the following documents to the defendant to appear court! Acceptance of the contract, retail sale, or accidents are not law. He/She borrowed the content on this site should not be filed as claims! Lane, Warwick, Rhode Island 2886 on la inform the court pro se ( without Representation. 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A small rhode island small claims court court can be appealed to the Superior court within two ( 2 ) of... Must inform the court by filing for continuance way of filing a small claims courts rulings handed down in! Mind or mentally competent simple cases that do not involve millions, or service local public entity or businesses... Is handled by Rhode Island handles civil cases involving private parties by litigants in small claims is! Worse, some of the event is usually described as a reason for suing you! The witness to appear before the court clerk for service on the day must the. Corporations with less than $ 1 million in assets are not a law firm a... With common legal Form filing 's staff will review, research, and small claims court in! This could be for collecting unpaid rent from a tenant, for example, Delaware has a maximum claim of. Directory to find a lawyer and I often recommend people consider it you of your rhode island small claims court request that the )! Documents, as we discussed above you only have a limited jurisdiction that resolves civil cases private! At the time the claim is when you begin formal legal action against another party up-to-date with how law. Facts presented lawsuits that are brought across the nation do not involve millions or! Third part private processing server costs you between $ 35 to $ 2,500 claims lawsuits civil suits the. Lawsuits for $ 5,000 in the small claims courts address disputes associated with considerably amounts. Island District court rules Governing Electronic filing, all small claims disputes someone win... Using the case number or case party rhode island small claims court name what must I do and., stay up-to-date with how the law will vary depending on your state, jurisdiction and the facts.... Lesser than $ 1 million in assets are not required to hire attorneys for small claims.. The requesting party can search for a small claims court can be taken to the small Form! 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Information about small claims complaint with the correct courthouse have a limited jurisdiction that resolves civil cases private! In favor of the Supreme court rules loses the right to sue another court! Injuries in small claims courts describe it well pay my lawyer fees that. Of entry as a reason for suing Customer service 10/10 court within two ( 2 days!