Small Claims Court Glossary of Terms

Key terms related to small claims court, legal disputes, and self-representation.

Court Terms

Small Claims Court — A simplified court designed for resolving disputes involving smaller amounts of money (limits vary by state, typically $5,000-$10,000). Attorneys are generally not allowed.

Plaintiff — The person who files a lawsuit (the one suing).

Defendant — The person being sued.

Jurisdiction — The authority of a court to hear a case. For small claims, you typically file in the county where the defendant lives or where the incident occurred.

Filing Fee — The cost to initiate a lawsuit in small claims court. Typically $30-$100, varying by state and claim amount.

Service of Process — The formal delivery of legal documents (complaint and summons) to the defendant. Required before a case can proceed.

Default Judgment — A judgment entered when the defendant fails to respond or appear. The plaintiff wins automatically.

Continuance — A postponement of a court hearing to a later date. Either party can request one, but the judge decides whether to grant it.

Legal Terms

Statute of Limitations — The legal time limit for filing a lawsuit after an event occurs. Varies by state and claim type, typically 2-6 years.

Preponderance of Evidence — The standard of proof in civil cases. You must show your claim is “more likely than not” true (greater than 50% probability).

Judgment — The court’s official decision in a case. A money judgment orders the defendant to pay a specified amount.

Breach of Contract — When one party fails to fulfill their obligations under a written or verbal agreement.

Implied Warranty — A legal guarantee automatically applied by law, even without a written warranty. Includes the implied warranty of merchantability (product works as expected) and habitability (rental is livable).

Consumer Protection Laws — State and federal laws that protect buyers from unfair business practices, fraud, and defective products.

Collection Terms

Garnishment — A legal process where a portion of a debtor’s wages or bank account is withheld to satisfy a judgment.

Lien — A legal claim on property (real estate or personal property) as security for a debt. A judgment lien can prevent sale of property until the debt is paid.

Execution — The legal process of enforcing a judgment, such as seizing property or assets to satisfy the debt.

Diminished Value — The reduction in market value of property even after repairs are completed. Commonly claimed in vehicle damage cases.

Demand Letter — A formal letter requesting payment or action before filing a lawsuit. Often required or recommended before going to small claims court.