After You Buy - Legal Recourse Small Claims Court Small claims courts resolve disputes involving claims for small amounts of money. While the maximum amounts that can be claimed or awarded differ from state to state, court procedures generally are simple, inexpensive, quick and informal. Court fees are minimal, and you often get your filing fee back if you win your case. Typically, you will not need a lawyer, and some states do not permit them. If you live in a state that allows lawyers and if the party you are suing brings one, do not be intimidated. Most judges make allowances for consumers who appear without lawyers. Even though the court is informal, the judge’s decision is binding and must be followed. If you file a case and win, the losing party may give you what the court says you are owed without further action on your part. But some losers refuse to follow the court’s directions. When this happens, you can go back to court and ask for the order to be enforced. Depending on local laws, the court might order property to be taken by law enforcement officials and sold. You will get the money from the sale, up to the amount owed. Officials may also be directed to take money from a bank account or business cash register. If the person who owes the money receives a salary, the court might order an employer to garnish (deduct money from) each paycheck and give it to you. Check your local telephone book under the municipal, county or state government headings for small claims court offices. Ask the clerk how to use the small claims court. Before taking your own case to court: • Request educational material to help you prepare your presentation. • Observe a small claims court session. Legal Information And Help If you need an attorney to advise or represent you, ask friends and family for recommendations. You can also contact the Lawyer Referral Service of your state, county, or city bar association listed in the telephone directory. Free assistance may be available from a law school program where students, supervised by attorneys, handle a variety of legal matters. Some of these programs are open to all. Others limit their service to distinct groups, such as senior citizens or low-income persons. Contact a law school in your area to find out if such a program is available. Websites such as www.abalawinfo.org (American Bar Association), www.thelaw.com, www.freeadvice.com, and nolo.commay help you with answers to general legal questions. For information on state-specific legal questions, try the website of the National Association of Consumer Agency Administrators (www.nacaanet.org). If you cannot afford a lawyer, you may qualify for free legal help from a Legal Aid or Legal Services Corporation (LSC) office. These offices generally offer legal assistance about such things as landlord-tenant relations, credit, utilities, family matters (e.g., divorce and adoption), foreclosure, home equity fraud, social security, welfare, unemployment, and workers’ compensation. If the Legal Aid office in your area does not handle your type of case, it should refer you to other local, state or national organizations that can provide help. To find the Legal Aid office nearest to you, check a local telephone directory or contact: National Legal
Aid and Defender Association LSC Public Affairs
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