THE DIFFERENCES BETWEEN SMALL CLAIMS AND A CIVIL ACTION
- In Civil Actions, you can get your case before a Judge on the date you file your case so that you can seek prejudgment security.
- In Small Claims, it may take up to a year before you first see a magistrate.
- In Civil Actions, debtors must file an answer within 20 days or face default and default judgment.
- In Small Claims, answers are optional.
- In Civil Actions, a counterclaim usually must be filed with the answer or a short time thereafter.
- In Small Claims, the debtor can wait ten days before trial to counterclaim, thereby blindsiding you with potential liability.
- In Civil Actions, you can learn your debtor’s position on both its defense and counterclaims.
- In Small Claims you can’t.
- In Civil Actions, the filing fee is $195.00.
- In Small Claims, for amounts between $5,000.00 and $7,000.00, the filing fee is $150.00, a mere $45.00 savings.
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