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Small claims court
Barrister Amna (Alevels Academy Islamabad)
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1 year ago
A Levels Academy Islamabad
Category
🦄
Creativity
Transcript
Display full video transcript
00:00
Though they say justice is blind, in the eyes of the law,
00:04
not all financial disputes are treated the same.
00:07
Depending on the amount of money at stake,
00:09
different cases have different rules.
00:12
For some, $15,000 is the cutoff.
00:15
Anything over is handled by circuit court
00:17
and anything under is handled by county court.
00:20
But small claims rules comes into effect
00:22
with any sum under $5,000.
00:25
In fact, if the value of your claim is just over $5,000,
00:29
you might consider claiming only $5,000,
00:32
forgetting about the amount over that,
00:34
so that you can take advantage
00:35
of some of the small claims rules.
00:38
A small claims case begins when the party seeking money
00:40
files what's known as a statement of claim.
00:43
The accused is then served a notice of this.
00:46
Unlike other types of cases,
00:47
no process server is required to serve notice
00:50
in small claims matters.
00:52
Certified mail will do.
00:54
It's like getting an invitation to a party
00:56
that you must attend or face punishment.
01:01
Now, the court may schedule
01:02
what's called an initial pretrial conference.
01:05
And this may result in the court ordering
01:06
the parties involved to mediation.
01:09
This basically means they must try
01:10
to resolve the issue outside of court.
01:13
There are many ways that small claims cases
01:15
operate uniquely.
01:17
For one, they move much faster
01:19
and much more informally than other cases,
01:21
much like Judge Judy,
01:23
but without all the commercials and consolation prizes.
01:27
Also, your opponent has no right
01:28
to get discovery from you
01:30
unless you are represented by an attorney.
01:32
And unless required by the court,
01:34
no pretrial motions or defensive pleadings are necessary.
01:38
Cases can be dismissed in six months
01:39
if the plaintiff does not push forward
01:41
and can be disposed of summarily
01:43
if there's no triable issue, even without a motion.
01:47
And the court is even required
01:48
to assist those representing themselves
01:50
with things like decorum, presentation of evidence,
01:53
and handling private information.
01:55
But no matter the differences faced,
01:57
LegalYou is there to help you navigate
01:59
the many other nuances of small claims court.
02:03
No matter which side of the dispute you are on
02:05
and how much is at stake,
02:07
you can never have enough knowledge
02:08
of your legal rights and available choices.
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