Equine Law Blog Banner

Equine Law Blog

Know the Limitations of Small Claims Court
Posted by:

You just bought a horse but believe the seller lied to you about its health, history, and training. You want the sale reversed, the horse returned to the seller, and your purchase price returned. You also want all of your hauling expenses and veterinary bills reimbursed. Can you avoid the expense of a lawyer and sue the seller on your own in small claims court?

Possibly not

Every state has some form of a small claims court situated within each county to resolve disputes involving relatively small amounts of money. The maximum amount of money within the jurisdiction of the small claims court varies from state to state. States also could differ on what a small claims court is empowered to do.

Compared to the traditional court system where lawyers are involved, small claims court offers numerous benefits, including:

  • No Lawyer. Small claims courts allow people to represent themselves and organize their own legal claims or defenses. In some states, lawyers are not permitted to represent parties in small claims court.
  • Cost. Small claims court can spare you the cost of paying legal fees.
  • Speed. Most small claims courts schedule a hearing soon after the case is filed.

The problem is, your lawsuit seeking rescission of a horse sale could very well exceed the small claims court’s jurisdiction because you would be asking the court to award you more than reimbursement of your money. Before filing a small claims court case on your own, learn about limitations on the court’s authority.

This article is not intended to constitute legal advice. It is designed to help you resolve minor legal matters in which no attorney is involved. Where specific questions arise based on particular situations, consult with a knowledgeable attorney.

Categories: Sales/Disputes

Authors

Categories

Recent Posts

Jump to Page

Foster Swift Collins & Smith PC Cookie Preference Center

Your Privacy

When you visit our website, we use cookies on your browser to collect information. The information collected might relate to you, your preferences, or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. For more information about how we use Cookies, please see our Privacy Policy.

Strictly Necessary Cookies

Always Active

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Functional Cookies

Always Active

Some functions of the site require remembering user choices, for example your cookie preference, or keyword search highlighting. These do not store any personal information.

Form Submissions

Always Active

When submitting your data, for example on a contact form or event registration, a cookie might be used to monitor the state of your submission across pages.

Performance Cookies

Performance cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.

Powered by Firmseek