We hear this term, Small Claims Court, all of the time. When people use this term, most are talking about General Sessions Court. A Court where you can handle most civil legal matters that do not exceed $25,000.00 in damages. From collections to evictions to contractor disputes, this is where many cases begin.
General Sessions Court, Not Exceeding $25, Small Claims Court
We receive several calls a day regarding Tennessee Small Claims Court. The Court most people are referring to when they call about this is the General Sessions Civil Court. General Sessions Civil Court hears matters involving damages totaling less than $25,000.00. Therefore, often, this Court will handle evictions, contract disputes, property disputes, minor car accidents, and the collection of debts owed.
The number #1 question we are asked about small claims court, ‘is do I need an attorney?’
I usually reply, ‘How much are you being sued for?’
Hiring an attorney can be expensive—no doubt about it. Hopefully, the attorney you are considering hiring has spent many years in the courtroom and many years studying the law. These skills are invaluable, especially if the person on the other side of the dispute has an attorney.
But back to my main question – If you were to lose, how much would you be out? Because as much as you may want a lawyer by your side in small claims court, sometimes it’s simply not cost-effective.
If you are being evicted with only $1000.00 in the bank, consider whether you should spend your last $1000.00 on an attorney. If you have failed to pay rent, there is probably very little an attorney can do for you. Other than possibly bide you some additional time to move out.
On the other hand, if a Contractor has failed to build something for you as agreed upon. Furthermore, you have spent $10,000.00 on that project, and most often, the only way to get your money back is to sue in General Sessions Court. Hiring an attorney to pursue your action is worth the cost in times like these.
Unlike many courts, however, General Sessions is not a court of record. This means that should you win or lose, within ten days, the other side or yourself can appeal the matter to a higher court.
Contact us with questions about hiring an attorney for Small Claims Court at https://www.kane-law.com/contact-us/