If you are the applicant, you can get useful information by consulting the following court forms: If you have any questions about the hearing, contact a small claims counsel before the hearing or raise your concerns with the judge at the hearing. If the plaintiff sues for an outstanding debt or account, the plaintiff`s application form must list and describe all fees and charges added to the originally agreed amount, and also confirm receipt of all payments you have made to the account. Mediation is confidential, which means that what is said during mediation should not be passed on to the court or judge. If a party decides to withdraw from mediation, the judge will not be informed of the party who has chosen to withdraw. The Small Claims Division of a district court has the authority to hear civil cases in which a party (the plaintiff) requests a sum of money of up to $5,000. This court also hears cases where the plaintiff seeks the return of personal property valued at up to $5,000. In Virginia, these cases are heard in the District General Court. By providing the court with as complete an address as possible, you will improve your chances of successfully serving the documents on the defendant. Be sure to include the city or county and zip code of the location and, if applicable, the apartment number. A PO Box number is not enough for the service. It is always a good idea to speak or write to the applicant before the hearing.

The dispute may be based on a misunderstanding that you and the plaintiff can easily resolve. If you think you owe the applicant something but don`t have the money you need to pay it now, you can offer to pay the amount you think you owe through weekly or monthly payments. In this situation, you must take the following steps: (1) ask the plaintiff to dismiss the case without hindrance (with the result that the plaintiff can resubmit the lawsuit if you fail to meet your commitments), and (2) enter into an agreement with the plaintiff covering each of the following topics: North Carolina Legal Aid provides a guide to small claims court in English and Spanish. This guide provides information on how to complete forms for Small Claims Court. No. Mediation in small claims court is “presumptuous,” meaning that Small Claims Court cases are automatically referred to mediation (or another form of alternative dispute resolution, such as arbitration) as the first step in the case, rather than automatically hearing before a judge. However, mediation is entirely voluntary and each party can “withdraw” (choose not to mediate and instead negotiate before a judge) without the “withdrawal” decision having a negative impact on their case. It is up to each party to decide whether they want to opt for mediation instead of or before going to court, but all parties must agree to mediation in order for them to proceed. If a party decides against mediation, the case must be heard before a judge. A person representing a party in a small claims claim may complete and sign an authorization to appear (Form SC-109) – a form provided by the Clerk of the Small Claims Court or printed on the Judicial Council website. The representative must indicate that he or she is indeed authorized to represent the party and must describe the basis of this power of attorney, such as a letter from the represented party.

If the represented party is a corporation or other legal entity or owner of real estate, the representative must also indicate that the representative is not used exclusively to represent the company or corporation in small claims court. In the other situations listed above, the representative must indicate that he or she is acting without compensation and that he or she has not acted as a small claims representative more than four times during the calendar year. You may also need to take action and spend money to enforce a judgment. While a small claims court judgment has legal significance, it can be difficult, if not impossible, to enforce the judgment. Obtaining a court decision is one of the most difficult and frustrating aspects of any trial. The person who is required to pay the judgment may not have the money to pay it or may simply refuse to pay it. Application procedures are available, but these require additional effort and also money on your part. You may never collect anything. For example, this exception to the general rule of self-representation could allow a dentist`s accountant to represent the dentist in an action to recover a patient`s account. However, if the patient claimed that the dentist`s services were being provided unnecessarily or improperly, the matter would be on a different question of fact and the dentist would have to appear in person at the hearing.

As with all debt and account collection lawsuits, the claimant`s claim form must include a breakdown of all fees and costs added to the original loan amount or agreed price. In the following situations, a party does not have to appear in court and may either send a representative or make written statements to prove its claim or defense. However, the representative cannot be compensated and will be disqualified if he or she has appeared in small claims actions four or more times during the calendar year as a representative of others. If a court order is issued against you, your money or property, and perhaps some of your winnings, may be taken by force to pay the verdict. In addition, your credit score may include the fact that a judgment has been recorded against you. If you are a member of an authorized profession or profession, the judgment may be communicated to the organization that issues you a licence. To prevent this from happening, don`t ignore a command to display! If you convince the plaintiff to dismiss the case without prejudice and you pay the amount you accepted, the claim will not appear as a judgment on your credit report. (“Without prejudice” means that the plaintiff can sue again if you don`t pay.) Remember that by entering into an instalment contract, you waive (waive) your right to let the court decide whether you owe the debt. If you do not pay the debt, the plaintiff can simply take that agreement to court and ask the court to issue a judgment stating that you owe the amount specified in that agreement. Bring evidence or witnesses to prove your case, if possible.

Arrive at the courthouse at least 30 minutes earlier. You have to go through security and sometimes the queues can be long. If a page does not appear on the day of the trial, the court will dismiss your case.