You may bring a lawsuit against a person or business in the Small Claims Division.
Effective on January 1, 2018, you may file a lawsuit in small claims court for up to $6,000. If your claim is more than the amount allowed by law and you elect to file in small claims court, you waive your right to collect more than the amount allowed.
If you file a lawsuit to recover damages to your motor vehicle arising out of an automobile accident if the other driver is found at fault, you are limited to the amount not covered by your insurance up to $1000 if the defendant had insurance at the time of the accident.
When you file in small claims court, you give up or waive the following rights:
- The right to be represented by an attorney
- The right to have a jury trial
- The right to appeal the final decision of the court
(unless the case is heard by a magistrate)
The Court encourages parties to attempt settlement through mediation at your first court date. If you are unable to reach a settlement, the case will be set for a trial before a Magistrate. Your case may go to trial on the mediation date if a Magistrate's schedule allows. You need to bring evidence to substantiate your claim to both mediation and trial.
Before the trial starts, either side has the right to remove the case from Small Claims to the General Civil Division of the district court where the case will be heard by a district judge.