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Small Claims
Who Can File a Claim?
You must be at least 18 years old to file
a claim. If you are not yet 18, you may ask
the court to appoint a guardian ad litem. This is a person who will act for you in
the case. The guardian ad litem is
usually
a parent, relative, or adult friend.
A person who sues in Small Claims Court
must
first make a demand of the other party
if
possible. This means you have asked
the defendant
to pay and the defendant has refused.
If
your claim is for possession of personal
property, you must ask the defendant
to give
you the property.
Unless you fall within two technical
exceptions,
you must be the original owner of the
claim.
This means that if the claim is assigned,
the buyer cannot sue in Small Claims
Court.
You must appear at the hearing yourself
unless
you filed a claim for a corporation
or other
entity that is not a natural person.
If a corporation files a claim, an
employee,
officer, or director must appear and
act
on its behalf. If the claim is filed
by an
association or other business entity,
a regularly
employed person of the entity must
appear
and act on its behalf. A person who
appears
for a corporation or other entity must
not
be employed or associated solely for
the
purpose of representing the corporation
or
entity in Small Claims Court. You must
file
a declaration with the court to appear
in
any of these instances.
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