Small Claims and District Court

Almost every town and county have Small Claims and District Court. They are what they sound like-a place for people to litigate minor issues, where the amount in controversy is “small”.

Small Claims Court is for non lawyer litigants. This means you cannot have a lawyer in small claims court. You represent yourself, and the other party represents themselves. The rules are relaxed, and the judge makes the final call. The maximum that can be awarded in Small Claims Court is $5000 total.

District Court allows lawyers, and the rules are more strict. The maximum amount that can be awarded in District Court is $25,000 total.

The realistic truth is that any dispute less than $5,000 is not worth hiring an attorney to represent you on, because the cost is just prohibitive. Amounts between $5000 and $10,000 may or may not be worth it. Anything over $10,000 is usually worth the cost of hiring a lawyer.

If we win the dispute, we can sometimes get lawyer fees ordered to be paid back, but we can’t depend on that when conducting the cost/benefit analysis of spending money on litigation as compared to what we are likely to obtain when/if we win.

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