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Best San Diego California (CA) Small Claims Assistance Attorneys

Small Claims Assistance

Small Claims Court is an excellent way to resolve disputes with relatively low value. We recognize that "relatively low" will mean something different to everybody, but we generally use $25,000 for the minimum amount in dispute before it is cost-effective to hire a lawyer to sue someone on your behalf. There are exceptions, of course, such as when there is a contract that includes a clause awarding attorneys fees to the prevailing party in the event of a dispute. Otherwise, in disputes under $25,000 it might cost you more in attorneys fees and costs than you can recover in the lawsuit.

Unfortunately, you can only be awarded up to $10,000 in Small Claims Court, and even less for some types of claims. Still, because of the financial realities it will generally be better to collect up to $10,000, and waive the rest of your claim, than to throw good money after bad by paying more on legal fees than the case is worth. As an example, if you are owed $13,000, you could sue the other party in small claims court. The court could award you up to $10,000, and the rest of your damages would be "waived," or dismissed.

Small Claims Court is set up to be very "user-friendly." All the forms you need and instructions for filling them out are online and at the courthouse. However, we occasionally get calls from folks who, for a variety of reasons, want help either preparing the forms and serving them, or preparing them to appear at the Small Claims trial. If you would like such help please call us. We have assisted many clients with each step of the Small Claims Process, except actually appearing for them in court. Attorneys are not allowed to represent clients in Small Claims Court.

If you have gone to Small Claims Court and lost, you are allowed to have an attorney represent you at the appeal stage. Small Claims appeals are heard in the Superior Court, and we have represented many clients before and during the appeal hearing. Please give us a call for more information.