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The purpose of small claims court is to provide an informal
procedure for people to settle small legal disagreements and
collections without an attorney. There are no attorneys allowed, unless
an attorney is personally suing someone else or someone else is suing
an attorney. In that case, the other party is notified that they have
the right to have an attorney also, or they can proceed without an
attorney. Each person involved in the suit will have the opportunity to
go to court and present their side of the case to the District
Magistrate Judge. Each side is also allowed to subpoena witnesses and
present exhibits to help prove their case. Then, from the evidence
provided by each party, the Judge rules on the case. In Idaho,
small claims are limited to $5,000 and can be enforced for five years
after which the judgment may be renewed for another five years.
More information pertaining to all aspects of small claim filing for
Ada County including forms for download can be accessed at this site:
http://www.adaweb.net/departments/CAO/SmallClaims.asp Procedures may vary from county to county in the state of Idaho. So you could check with the Clerk of the District Court office if you are contemplating filing a small claims case in another county. The job of the Clerk of the District Court personnel is to process cases. They cannot give you legal advice. Even though you may obtain judgment in Small Claims Court, the
Court is not responsible for collections of the same. If you have filed
a small claims case and won a judgment and that judgment has NOT been
paid, contact our office for assistance. |
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Disclaimer We are not attorneys. We are not engaged in the rendering of legal advice or services. If legal advice is required, seek the assistance of a competent, qualified legal professional. |