Basics Review general information about small claims court and cases. While every effort will be made to keep to the time of your hearing, this is not always possible and you may have to wait. A written copy of the decision (an ‘order’) will be sent to you after the hearing. A charge on an asset means that, if the asset is sold, the amount of the charge must be paid out of the proceeds of sale. It is a special court where disputes are resolved quickly and inexpensively. This section will help you decide what to do if the court has decided that someone must pay you an amount of money and you have not received a payment. in a specified amount claim you should fill in form HC7A – Request for Judgment (Word doc) (PDF). Make a claim against someone who owes you money or manage an existing claim: small claims court. If the judge did not give directions and listed the matter for a directions hearing you will receive a notice of what date and time the hearing is to take place. Witnesses are generally not needed at a hearing where the court is: deciding what must be done to prepare your case for a final hearing (for example a directions hearing). Use the search to begin searching through our forms and brochures. After the hearing, or after the judge has made a decision on the papers without a hearing, the court will send you an order setting out the judge’s decision. If the coroner is unable to serve the claim personally on the defendant he may serve it by post at the address given on the claim form. the amount and type of preparation needed to be able to deal with the case justly (proportionality). A court officer will consider the details given in the defendant’s admission form and your objections, if any and make an decision of what would be reasonable for the defendant to pay. It will cost you money to start a claim. You may only bring a small claim in the court for the location where either the plaintiff or the defendant lives or has a place of business or employment. There are different ways you can try to enforce the judgment, namely: This section will tell you what will happen if you are claiming a specified amount (a fixed sum of money) and the person you are claiming against (the defendant) admits that all the money is owed. 258/98, are available in the table below, in a viewable (Adobe PDF) and fillable (Microsoft Word) format.The fillable format can be completed on-line … The court staff will NOT be able to tell you which method of enforcement to choose. You, or the defendant, can object to the rate of payment set by the court officer. You must have proper reasons (grounds) for making an appeal. Small Claims Court handles Civil cases asking for $10,000.00 or less. What will happen in your claim will depend upon: whether the defendant is likely to dispute that amount. Legal procedures are held to a minimum and lawyers may not participate. A member of the court staff will consider the details given in the defendant’s admission form and your objections and make an assessment of what would be reasonable for the defendant to pay. If you do not wish to take an oath you can promise (affirm). 1 copy of the claim form (including the Particulars of Claim if filed with the claim form); 2 copies of Form HC2B - Acknowledgement of Service (General) (Word doc) (PDF), 1 copy of Form HC2C - Admission form (Specified amount) (Word doc) (PDF), 1 copy of Form HC2E - Defence & Counterclaim form (Specified amount) (Word doc) (PDF), 1 copy of Form HC1B - Notes for defendant (PDF). The Small Claims Courts deal with minor civil claims of up to R20 000 in a speedy, affordable and simple manner without using an attorney. High Court Search; Legal Cost Adjudicators Register of Determinations; Probate Register; Licensing Register; Bankruptcy Register; Terms and Conditions for using Courts Service Online (CSOL) Online Services. If your claim is for an unspecified amount (not a fixed amount of money), the defendant will use the defence & counterclaim form HC2F – Defence & Counterclaim (unspecified) (Word doc) (PDF) . if the matter is urgent, send a fax to the court. While you can hire a lawyer if you choose, the rules of evidence and procedure in small claims cases are simplified to make it easier to represent yourself. It is important to note that the following content isÂ general guidance onlyÂ and isÂ NOTÂ intended as definitive legal advice. Forms that have been approved for statewide use are located within the Florida Small Claims Rules. De très nombreux exemples de phrases traduites contenant "small claim court" – Dictionnaire français-anglais et moteur de recherche de traductions françaises. deal with any issues in dispute between the parties. The order will tell the defendant that the order was made after consideration to explain why it might be different from the original offer. There are no lawyers, no rules of evidence, and no juries. You have to prove your claim, so in more complex cases you will need to have some understanding of the legal basis of your claim and court procedures. If the hearing is the final hearing (the trial), make sure you have done everything the court said you must do to prepare for the case. An appeal must be made within strict time limits which start on the day the judge makes a decision, or shortly afterwards. Small Claims Court was established to provide a low-cost, user-friendly alternative to litigation. Complete form HC7C - Request for a Judgment (Word doc) (PDF). 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