Small Claims Court -What’s it All About?

What matters can be heard in small claims court? Typically, you take an individual or business to small claims court because they owe you money. They may owe you money because they damaged your property or possessions (often in auto accidents), or broke an agreement such as a lease or loan repayment plan. Businesses are typically taken to small claims court because products they sold or services they provided damaged your property or possessions, repairs were inadequate, products were defective or failed to perform as advertised.

The maximum amount of money you can recover in a small claims court varies from state to state. Currently the maximum amount of money you can ask for ranges from $1,500 to $15,000. You can search online for your state’s small claims court website by searching for a phrase like “Nevada small claims court” (use your own state name, of course). You should take a person or business to small claims court only after you have tried to resolve the dispute with them. Sometimes a neutral third party who listens to both sides can help you work out a solution.please visit our site stromlawnursinghomeabuse.com.

Can You Sue in Small Claims Court for Americans With Disability Act Violations?

In California Civil Code Sections 51, 54.1 and 54.2 protect people with disabilities from Discrimination. This law is also known as the Unruh Civil Rights Act (Unruh Act). The law Requires every business of what ever nature to not treat you in an inferior manner merely because you are disabled (the Unruh Act not Civil Code Section 51). The specific Sections that I will be dealing with is Civil Code Section 54.1 which is similar to Civil Code Section 51 which protects a disabled persons right to full and free access just like other members of the public to accommodations, advantages and facilities of places that are open to the General Public. This is obviously very broad and some examples would be such places as hospitals, Airports, Bus Stations, Doctors Offices, Hospitals, Stores of every type that are open for business to the General Public, amusement parks but in some cases you may not be able to ride on some rides if they are to dangerous for someone with your type of disability and there is not reasonable way to accommodate you.

What are some types of discrimination? Well you can go to the those sections your self and read about them all but a few would be such things as a door that is to difficult to open to a public facility by a disabled person and that could be an entrance or a restroom or even exits. The law sets forth how many pounds of pressure that is allowed to open and close a door so as to make places more accessible to the disabled. Other things such as the height of check out counters in grocery stores to the elevation of sinks and mirrors and soap dispensers in bathrooms would be included. Parking places are to be allocated close to interferences for the disabled and there is a ration of how many should be allocated for the disabled in relation to general parking available. We have all see curbs cut down for wheel chair access on sidewalks and these are the result of these code sections.

Can you use small claims court to sue when you feel you have been discriminated against? The answer is clearly yes as long as you are not looking for a monetary award beyond the small claims court limits of $7,500.00. The amount that is typically recovered in small claims court is 3 times the amount of the disabled persons actual loss or $1,000.00 whichever is greater. So if the court feels that you have been discriminated against then you will at least recover $1,000.00 but NOTE if your case is based on violation of the Unruh Act then the court can award you at least $4,000.00 but the court can not issue restraining orders or injunctions requiring the business owner to fix the violations. You will only be able to recover damages which you can prove or which the code allows for.

A public place of accommodation is a business that is open to the public and provides goods and services. So and easy way to determine this is whether the place is open to the public and selling or buying something. Such places as health clubs, hotels and motels and movie theaters, gas stations are other places in addition to others mentioned above but use the test. Is the place open for business to make money buying and selling from and with the public? If so then these code sections all apply. You can go to these sections and the ones before and after and determine of the methods of discrimination but looking at the codes and the cases for yourself. I have set forth a few examples for you earlier in this article.

Small Claims Court a Good Solution for Business

If you own a business, chances are you’ve encountered at least a couple disputes with customers or other businesses. While working with the other party to resolve the dispute on your own is generally the better approach for keeping relationships intact, that course doesn’t always work for everyone. Perhaps because dollar limits have risen in recent years, businesses increasingly are turning to small claims court to help them resolve problems such as customers who aren’t paying their bills or suppliers or contractors who fail to deliver as promised. In Wisconsin, small claims court will handle claims of up to $10,000 for financial judgments, $25,000 for repossessions and $5,000 for personal injury. The limit for Minnesota, where small claims go through “Conciliation Court,” is also $10,000 for general claims.

Small claims court can be a good solution for businesses because it’s a simpler, quicker and less-expensive way to resolve business disputes. Filing fees generally are less than $100 in Wisconsin. That compares with filing fees of more than $250 for a civil action. Cases in small claims court also are heard more quickly. They generally come before the court within a month or so compared with several months or years for traditional courts. While many businesses will consult an attorney to determine whether they have a valid claim, learn nuances about the law or help in resolving the matter short of filing a complaint, they are not required to have attorneys argue their cases. Businesses that choose to consult attorneys and have those attorneys appear in court with them are entitled to recover some of the fees if they win. As in traditional court, each side will have a chance to present its evidence.

The key is to be certain you’re prepared. This is another point where businesses often look to attorneys for advice about the rules and effective ways to present the case. Additionally, you’ll want to examine the dispute from the opposing party’s stance. If you were in their shoes, how would you argue? What evidence would you present? Then prepare appropriate rebuttals to refute their claims. Once you get to small claims court, the session begins with the plaintiff representing his case. This is the point where you introduce all the above-mentioned evidence. The defendant then gets to respond with his defense. Both sides may cross-examine the other, and the judge or commissioner may also ask questions.