HANSCOM AIR FORCE BASE, Mass. – If damage to a service member’s home, vehicle or property isn’t worth the expense of hiring an attorney, he or she may be able to file a lawsuit in small claims court.
Small claims court is designed to settle civil issues with damages under a certain monetary threshold without an attorney. The procedures are informal. The parties present their case to the judge without a jury and without formal rules of evidence.
The party filing the lawsuit is called the plaintiff, and the party being sued is the defendant. The maximum amount of damages a plaintiff may seek in small claims court varies by state. Claims could include damage to personal property, or a small amount of debt owed.
Plaintiffs may file a small claims complaint in person, by mail, or online, depending on the state. Claims may be filed in the court that serves the town where either the plaintiff or defendant lives, works, or has business in.
To file for small claims, a party must obtain and complete a petition. The petition will ask for information such as whom is being sued, their address, why the plaintiff is suing them, and the amount of damages being sought. Each state has different processes for filing a petition and for serving the defendant, so plaintiffs should check with the local small claims court where the procedures will occur.
Once in court, both parties have the opportunity to share their side of the story with the judge. Each party has the right to bring witnesses and provide evidence to be considered. The judge may make a decision at the conclusion of the hearing or provide a decision at a later date. He or she will enter a judgment that will state who won, how much money, if any, that party was awarded, and how it will be paid.
Officials always recommend parties try and resolve the issue before going to court to save time, money, and stress. If a dispute is settled before court, the parties should put their agreement in writing and have it signed and notarized. Many courts have mediators available for parties to meet with before their small claims hearing, free of charge. If a settlement cannot be reached, a small claims complaint should be filed as soon as possible to avoid a claim expiring due to a statute of limitations; this is the specific timeframe in which someone may file a claim after the loss.
Although Air Force attorneys cannot represent clients in state court proceedings, they may provide legal advice and guidance on preparing a case, including guidance on what steps to take.
For more information, contact your installation Legal Office.
Note:L Personnel should contact the Legal Office for additional guidance on damage to personal property that occurs on an installation.