Small Claims Court can decide just about any argument or dispute which can be solved by one person paying some money to someone else. For example, maybe your employer owes you money. Perhaps someone damaged your property somehow. Possibly your landlord improperly refused to give your deposit back. Even if it is hard to put the dispute into exact dollars and cents, Small Claims Court may still be the place to go. For examples, a debt collector may be improperly harassing you about paying up. Your landlord might have been walking into your home without permission. Suppose someone strikes you without justification. In these examples, it would be proper to sue in Small Claims Court. You could ask for some money (no more than $5,000) you think is due to you for the wrong that was done.

NOTE that interest can be added to the amount of money ($5,000 maximum) in dispute in Small Claims Court. For example, say a loan agreement allows interest to start building up as soon as the borrower falls behind in payments. The borrower pays the loan down from the original loan amount of $6,500 to $5,000, but then stops paying. Interest on the $5,000 would start adding up under the agreement as soon as the borrower falls behind. Then, if the lender finally sues the borrower a few years later, the claim might be for the $5,000 left unpaid, plus $500 interest, for a total of $5,500. The interest is not considered in deciding whether the claim is proper for Small Claims Court. This means the lender may sue for the full $5,500 in Small Claims Court.

When one party only wants to get an item of PROPERTY a different type of legal proceeding is allowed in Small Claims Court. The type of case is called a Replevin. Under this part of the law, a plaintiff may bring a lawsuit asking the court to order a defendant to return property in his or her possession back to the plaintiff.

A Replevin action can only be used in Small Claims Court when the value of the property is under $5,000. Most of the time, a Replevin action is brought when a person feels that suing for money is not appropriate. Suppose the defendant took family pictures without a real money value, but of value to the plaintiff. Then a replevin action may be more appropriate than suing for money. Another example could be if the defendant is holding on to an automobile to which he is not entitled. Suppose the defendant is either judgment-proof, or having the car returned would help the plaintiff more than receiving money judgment. Then a Replevin action may be proper. Click here to see an example of the form for bringing a Replevin action. You can get the form at your local Clerk of Court.

Certain disputes cannot be heard in Small Claims Court. The following is a list of examples of legal cases which cannot be decided in Small Claims Court:

• Family matters, such as divorce, custody, child support, or adoptions.
• Guardianships or conservatorships.
• Injunctions, that is, court orders to keep someone from doing something in particular, like bothering or hurting you.
• Controversies with more than $5,000 at stake.

For cases like these, you should see a lawyer.