Equine Law Blog
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.
ShareholderJulie Fershtman is considered to be one of the nation's leading attorneys in the field of equine law. She has successfully tried equine cases before juries in four states. A frequent author and speaker on legal issues, she has written ...
