Success In Small Claims Court

You've seen the TV shows with Judge Wapner, Judge Judy and the like ruling in small claims court. Beyond TV-land, how do you decide if your dispute with a landlord, neighbor or car repair shop is worthy of small claims court?

The Basics
Small claims courts limit claims for damages to a certain amount, ranging from $2,500 to $5,000. Small claims cases typically involve fender benders, property damage, disputes over security deposits, personal debt and lousy consumer goods.

Before heading to small claims court, it's a good idea to try these alternatives:

Write a letter asking to negotiate a compromise
Resolve your claim through your local Better Business Bureau or state attorney general's consumer protection division
Arrange for mediation through a neutral third party in a neutral setting — but you need the other party's cooperation.
Getting Help
While many small claims courts don't allow attorneys in the courtroom, consulting with a lawyer before even filing your case can help. A lawyer can brief you on the law in your state and give specifics, such as any statute of limitations. A lawyer also knows if you can ask for extra damages under state law. For example, some states allow someone harmed by a consumer protection violation to collect up to three times the actual damages.

A lawyer may also help you figure out if you'll collect any judgment. If the other party doesn't have a job or any assets, a small claims case may be a waste of time.

A lawyer can also help you organize your case, and give you tips on strategy and tactics.

If you can't afford a lawyer because of the small amount of money involved, check out free legal assistance from a local legal services office or a law school legal clinic.