Small claims cases are designed so that the average person can bring a case against another party without the need for a lawyer. In fact, a small claims court is one of the only courts where lawyers' fees cannot be awarded to the winning party. And, in some jurisdictions, lawyers may not even be able to represent you in court. However, even if a lawyer cannot represent you in court, there are still a number of reasons to work with a lawyer on a small claims case. Read on to learn more about these reasons.
A Lawyer Can Ensure You Have a Compensable Case
The laws for small claims courts differ from criminal and personal injury cases. As such, you may be unsure if you have a case and whether you may actually win your case. A great small claims attorney can listen to your case and let you know if they think that there is a good chance you will win your case or whether you do not have enough evidence to come out victorious.
A Lawyer Can Complete the Filing Paperwork And Serving Process
Another way that a small claims lawyer can help you is by completing the paperwork that needs to be filed with the small claims court. If paperwork is not completed properly, the courts may kick it back or dismiss your case. Additionally, once the case is filed, a lawyer can help to serve the other party, letting them know that you have filed a claim.
A Lawyer Can Help You Recover Money You May Be Awarded
Lastly, if you have won an award, the other party may not pay you the money that they owe. When this happens, you have to take action to get the money you have been awarded, such as filing a wage garnishment with the individual's employer. A lawyer can help you to recover the money you may have been awarded in a small claims case.
The role that a lawyer has in a small claims case is quite different than the traditional role that a lawyer has representing clients in court. However, even if your jurisdiction does not allow lawyers to represent you in court, a lawyer can still do a lot of work behind the scenes, helping to ensure you have a case, helping to complete the paperwork and serve the other party, and helping you to recover any money you may be awarded. Reach out to a local lawyer who handles small claims to learn more.
After being involved in a serious auto accident with a drunk driver, I struggled heavily with getting the driver's insurance company to open a claim. When the insurance company started pushing back, I knew I needed to do something. I spent a lot of time digging through the laws surrounding auto accident claims so that I knew what my legal rights were. I even talked with an auto accident attorney. I created this site to teach others about what I learned, including my court experience. I hope it helps you to determine how you should proceed with your auto accident case.