Before you decide to pursue a small claims case, it is important to determine whether the facts of your case fall into the realm small claims court. There do happen to be limitations regarding what kinds of cases can be seen in small claims courtrooms. What are the most common types of small claims lawsuits?
(This list does not include all of the types of lawsuits seen in small claims but some of the most common.)
Bad Debt
A bad debt is a type of contract case. In order to succeed in small claims court with this type of case, you need to have proof that the debt exists as well as its amount. You will also need evidence of when the payment was due as well proof that the person who owes you money has not paid it (in whole or part).
Breach of Contract
In this case, one or more terms of a contract (oral, written or implied) has been broken by the defendant.
Breach of Warranty
An implied or written warranty that has been extended to you by a merchant, has been breached and, as a result, you suffered a monetary loss.
Failure to Return a Security Deposit
This type of contract case takes place commonly between landlords and tenants when a landlord fails to return a security deposit. Evidence is necessary to prove that a deposit was made, that the premises were cleaned and undamaged upon exit and that security deposit funds were not returned.
Personal Injury
In this type of case, the plaintiff is suing due to intentional or negligent behavior that has caused they suffered personal injury.
Professional Malpractice
A professional such as a doctor lawyer or other professional has failed to use the skills of other ordinary members of their profession which results in harm toward the plaintiff.
Property Damage
Irrational or careless behavior results in damage to the suing party’s personal property.