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Paper outline template for capstone project order capstone examples for money thucydides vs herodotus essay this educational video will cover small claims in Kentucky we will discuss topics such as what small claims court is how to navigate the court process and what else you should consider before beginning the small claims court process small claims court is a division of the district court that decides disputes between two parties if you are the party suing another person or business you are the plaintiff if another business or person is suing you you are the defendant the maximum amount of money that a judge can award in small claims court is $1,500 you may sue someone for more than this amount but in small claims court this is the most that you may recover if your claim is worth more than $1,500 you may take your case to district court however taking your case to district court is more complicated and it is suggested that you hire an attorney before taking this route before filing a suit in small claims court you should also consider the defendants ability to pay some defendants are judgment proof which means that they have little or no income or property if the defendant is judgment-proof than collecting your award may be postponed until the defendant has the ability to pay a small claims court judge cannot hear every type of claim the following claims cannot be pursued in small claims court criminal actions causes of libel slander or defamation malicious prosecution and abusive process also it is important to note that individuals are only allowed to bring a maximum of 25 small claims cases a year often the most important question you have to ask yourself is whether small claims court is the right place to resolve your problem small claims court can only offer money as a solution to your problem the judge cannot make the other side apologize for what they have done and you are not guaranteed to win your claim you are only guaranteed to have your claim heard in a court of law other things to be considered are whether the other side will hire an attorney counter sue you or try to move the action into the regular Civil Division of District Court if you decide small claims court is right for you you will need to complete the following steps to get your claim started first you will need to fill out the small claims court complaint this form is available online at KY justice org or you can pick it up at your County's district court clerk's office when filling out this form remember that you are the plaintiff be sure to include both yours and the defendants correct addresses the clerk cannot help you fill out this form once you have correctly filled out your complaint you will need to file it at your district court clerk's office and pay the filing fee when filling out the claim portion of the complaint you need not tell every detail of how and why you are bringing your claim you only need to briefly describe how the defendant has harmed you or your property and the amount of money it cost you on your court date you can tell the judge the other details that you feel are necessary to supporting your claim but on the written complaint keep it brief in addition to the complaint you must also fill out a summons the summons lets the defendant know that the legal proceeding has been started against them and that a file has been started in the court records this form is also available online and at the courthouse and after you complete the form you need to serve your complaint and summons on the defendant either by certified mail or by sheriff delivery at this point you have successfully filed your claim and delivered your summons and you will finally have your day in court on your court date make sure you do the following first arrive on time and dressed as if you are going to a job interview or church second always address the judge as your honor speak only to the judge not to your opponent never use profanity of any kind or show disrespect to anyone in the courtroom third be organized bring any and all paperwork that supports your claims such as canceled checks damage estimates contracts letters for any other documentation that supports your claim it is best to keep all of this paperwork in a folder on your first day in court if both parties are present the judge may order you to participate in mediation mediation is a non-binding conference between you and the other party that is designed to help both parties come to a settlement agreement however if you and the other party are unable to reach a settlement in mediation you will be given a new trial date to state your claim before a judge you will not have a jury trial in small claims court the judge will decide the outcome of your claim at your new trial date be sure to bring an organized folder that contains all of your documents that support your claim you should also bring any witnesses that you feel you may need to prove your case if you missed your first court date the judge likely dismissed your claim you are allowed to bring your claim again but you will have to repeat the filing process and again pay the filing fees you should contact the clerk's office to see what happened on the day you missed it is possible that the judge found against you if the other party was present and filed a counterclaim if you show up on your court date and the defendant does not you may be able to request a default judgment a default judgment Awards you what you asked for in your complaint you will still have to present your case to the judge who will ultimately decide whether or not to grant you a default judgment if on your court date the judge rules in your favor congratulations you have won your case however the process does not end there at your hearing the judge will tell you who won how much is to be paid to you and how it is to be paid the judge will give you a court order in titling you to receive the money awarded to you by the court the losing party has ten days after the stated due date to pay you your award if the defendant fails to pay you within the timeframe allotted by the judge you will need to go through a special process called the post judgment collection procedure you may also be able to garnish the defendants bank account or a part of the defendants wages if they have a job this process requires that you follow specific procedures so be sure to follow the court clerk's instructions if you lost your claim you can appeal but you have to do so within 10 days of the judge's decision however the appeals process is expensive complicated and time-consuming should you decide to further pursue your action through the appeals process it is highly recommended that you consult with a private attorney before filing your claim you need to know that there is a chance that the other side will hire an attorney move the case to district court or file a counterclaim against you if the other side pursues those options there is nothing you can do to prevent it so just be prepared if the defendant files a counterclaim the judge will hear their claim at the same time they hear yours you should carefully evaluate their claim and plan your response if the defendant counterclaims the incentive to settle your claim in mediation increases the outcome of the trial could end up being worse than you initially expected because you could lose your initial claim and also lose the counterclaim that the defendant brought against you again these are all things you need to consider before you start your small claims case this concludes our video on the small claims court process should you have additional questions please contact your local legal aid office or visit our website at KY justice org write for me coso enterprise risk management erm cube 2019 Globe Institute of Technology, Manhattan.