Can you sue for an injunction in small claims court?
Filing a lawsuit in state court is costly and involves complicated procedures. If your lawsuit doesn’t have a large monetary value, hiring a lawyer can cost substantially more than the case is worth.
Small claims courts address these concerns. People with simple, low-value cases can bring them to a judge for adjudication without needing to observe all of the procedures of traditional court, and without incurring expensive legal fees.
Due to the streamlined procedure, not all case types may be brought to small claims court, and the court’s maximum monetary judgment is also constrained, ranging from $2,500 – $25,000 depending on the state. Most small claims caps are between $3,000 and $15,000.
Claims You Can File in Small Claims Court
Most issues concerning money can be handled in small claims court. Small claims court is commonly utilized to collect a bad debt. It’s quite straightforward to submit proof indicating that the debt was owed but not paid. Once a creditor receives the judgment, the creditor can utilize collection strategies to collect the debt.
But that isn’t the only form of case you may file. You can also seek the court to decide a disagreement regarding:
- The repayment of a loan
- Failure to properly fix a vehicle or appliance
- Failure to fulfill the terms of a service contract
- The repayment of a loan
- Failure to fix a car or appliance properly
- The return of a security deposit
- Clothing damaged during alterations or cleaning
- Personal injury matters (these are usually resolved between insurance companies)
- Failure to meet the terms of a service contract
- Evictions
- Restitution
- Libel, slander, or defamation
You can typically file a lawsuit in small claims court for financial issues using any legal theory that is recognized by another court, including breach of contract, personal injury, intentional harm, and warranty breach. For instance, you have the basis for a legal small claims lawsuit based on breach of warranty if you purchase a basketball that leaks air the first time you use it.
Claims Not Eligible for Small Claims Court
You cannot petition for a divorce, guardianship, name change, or bankruptcy in small claims court. You also cannot request an emergency remedy like an injunction. Additionally, a party cannot file a lawsuit in small claims court for conduct related to his or her employment against the federal government, a federal agency, or even a federal employee, which will have to be done in a federal court.
