Cases filed in small claims courts are unique from other types of cases in that they are limited in the amount the claim can be for. Most often, the claim must be under $5,000. Some types of cases are not allowed in small claims courts, such as medical malpractice lawsuits. Cases in small claims must be handled in special courtrooms that deal with these sorts of claims on a regular basis.
A large number of people who file small claims cases handle the cases themselves rather than hiring a lawyer. If they do, they are required to still follow the rules as a lawyer has to, including knowing when the paperwork necessary to start the case is filed. They also must ensure that the defendant is aware of the lawsuit. Every defendant is required by law to have received legal notice of any claims made against them so they have a chance to be prepared to defend.
Defendants must be served papers regardless of their place of residence, even if they live with the person filing the claim.
Papers can be served for small claims court cases in several ways but some are better than others. For example, papers may be approved by the court to be served by certified mail but this method does not guarantee that the defendant will receive the paperwork. Person service is the most ideal type of service because it ensures that the correct person receives the notice.
It can be difficult to serve papers for a case. There are often limitations pertaining to who is approved to serve papers and it can be hard to find the defendant. This is why the help of process servers is sought in small claims cases.
If you have a small claims case to settle and need help getting documents to the person you are suing, reach out to us today!