Small Claims and Litigation

small claims courtTrying to get money owed to you can be rather difficult; perhaps you are a landlord dealing with an evicted client and are trying to get past rent due. These types of issues do not necessarily require involving the court, but if the person you are seeking compensation from is not responding to your advances, you might be compelled to request legal assistance in order to get what you are rightly owed.

Small Claims Courts are for just that: claims that call for compensation of damages under a certain amount of money. In New Jersey specifically, the limit of compensation is $3,000.

Preparing to go to Small Claims Court

There are just a few things to keep in mind before making a claim and preparing to go to court to settle your issue:

  • You must make several attempts to recover your losses from the other person. Maintain documentation of emails or phone messages to prove that you have done your part in contacting them.
  • You have to go to the court in the location where the issue occurred, this dictates the relevant jurisdiction. That means you need to file the complaint in either the county or state of relevance. Once you know where to go, you can access their website or go in person to get the forms you need in order to proceed to the next step.
  • Figure out exactly how much you are seeking to recover for damages from the situation. Keep in mind the limits regarding a small claim in that particular state if it’s not in New Jersey.
  • You should also note the statute of limitations, which is the length of time the court gives allows you to file your claim.
  • Do your research. Make you sure you dig deep so you can be certain that you are filing a claim against the right person or company.
  • After the forms are completed and given to the court, you and the other person will likely go to a pretrial hearing where the judge will listen to both parties and decide what step to take next. Usually, either the other person will settle, and if not the judge can order mediation or go ahead and set a date for a trial. This step is determined by a few different elements: including the facts, the amount of money, and the two parties involved.

If the matter does go to trial, both sides are given the chance to explain their side of the story. It is very important to bring all the evidence you have against the other person or company. You want to prove to the judge that the situation occurred and that you deserve what you seek to recover. After both sides have clarified their positions, the judge will then make his or her decision and announce a ruling.

Hiring an Attorney for Small Claims Court

Contacting an attorney to help you go through the process will help to ensure that your claim is properly completed. An experienced lawyer can provide assistance to ensure that you have every available chance to recover what you rightly deserve.

If you are owed money and are frustrated because you are not getting the compensation you deserve, call us today at the Khorozian Law Group to help you receive the compensation you are rightly due: phone (201) 944-9200.

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