When do small claims courts have jurisdiction? Could I use my local small claims court to sue a large out-of-town company?
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Mary Martin
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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
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UPDATED: Jul 19, 2023
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UPDATED: Jul 19, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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The ability to sue in any kind of court depends on whether or not it has jurisdiction over the lawsuit. For a court to be able to hear a case, it must have both subject matter jurisdiction over the issues and personal jurisdiction over the parties involved.
Subject Matter Jurisdiction & Small Claims Court
Subject matter jurisdiction is the court’s authority to hear the type of case before it. Small claims courts, also known as magistrate or district courts, are civil courts that have limited subject matter jurisdiction. The damages sought in the lawsuit must be under a specific amount, generally around $15,000 but often lower. If a plaintiff initiates a lawsuit involving more than that amount, the case will either be dismissed or the recovery limited to that over which the court has jurisdiction. In addition to monetary amount, small claims courts must also have subject matter jurisdiction over the case because of its nature. For example, an heir could not sue in small claims court over issues involving an estate because this type is more properly brought in orphans or probate courts.
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Personal Jurisdiction & Small Claims Court
The small claims court must also have personal jurisdiction over the parties to it for the lawsuit to be heard there. For personal jurisdiction to exist, the parties must have some type of relationship to the region in which the case was filed. Certainly, the relationship exists if the main office of the business you want to sue is in the same region as the small claims court. However, to sue an out of town company, it must be established, for example, that the company does business in the region.
The Ability to Sue in Small Claims Court
So if your case involves an out of town company that does business in your area and the amount you are looking for is not more than the jurisdictional amount, you should be able to sue. However, the above is a very simplified way of looking at jurisdictional issues. Questions of jurisdiction are often tricky to resolve, so before filing your lawsuit, you should consult with an attorney.
Case Studies: Small Claims Court Jurisdiction
Case Study 1: John vs. Out-of-Town Company
John wants to sue a large out-of-town company in his local small claims court. However, small claims courts have jurisdiction over cases with damages under $15,000. Since John’s claim exceeds this limit, he may need to explore alternative legal options or pursue the case in a different court.
Case Study 2: Sarah’s Estate Dispute
Sarah, as an heir, considers suing in small claims court over estate issues. However, small claims courts may lack subject matter jurisdiction for such cases, as they are typically more appropriately handled in specialized probate or orphans courts.
Case Study 3: Mark’s Lawsuit Against a Local Business
Mark wants to sue a local business in small claims court. The court has both subject matter and personal jurisdiction since the business operates in the same region. Mark can proceed with his lawsuit within the court’s jurisdictional limits.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.