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Small Claims Court

If your dispute involves a relatively small amount of money, you can bring a lawsuit in small claims court, where it is easy to represent yourself. Small claims court judges resolve disputes involving modest dollar amounts.

You can present your case in small claims court without a lawyer—the rules encourage a minimum of legal and procedural formality. Once the case is presented, the judge will issue a decision fairly quickly.

The type and value of cases you can bring in small claims court is limited. In most states, the dollar limit for small claims court is between $2,500 and $10,000. And most states will not allow you to bring lawsuits that request something other than money (such as a lawsuit to get your neighbor to stop cutting down trees on your boundary line). You cannot use small claims court for divorce, either.

HTo find out the rules for small claims court in your area, simply contact the court.

Or, you can go to Nolo’s Legal Research Center at www.nolo.com/ lawcenter/statute/index.cfm, and click on “Small Claims Courts,” then select your state—you’ll find a variety of self-help materials for small claims litigants. For help in preparing your case for small claims court, check out Everybody’s Guide to Small Claims Court (California and National editions), by Ralph Warner (Nolo).

V∣W Things you learned in mediation probably can't be used in court. If you file a lawsuit in a case that you’ve already tried to mediate, the confi­dentiality rules of mediation prohibit you from using in court much of the information disclosed by the other party during mediation. State law determines how broad this prohibition will be, but it nearly always prevents you from using the other party’s statements to show the validity or value of a claim being advanced in the court. If you learn the same information outside of the mediation, however, then you can use it in court. If you are unsure whether a particular statement you heard in mediation can be raised in court, consult with a lawyer or law coach before going to your court hearing.

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Source: Lovenheim P., Guerin L. Mediate, Don't Litigate: Strategies for Successful Mediation. Nolo,2004. - 411 pp.. 2004

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