When faced with legal disputes, many people aren’t sure how to proceed. After all, the court system is divided into several branches, and not all of them are appropriate for all situations. For standard civil cases, most people need to file their claims through either small claims court or superior court.
Several factors come into play when determining which one is the best choice. Those include your specific case, its complexity, and the amount of damages you’re seeking to name a few. Understanding the differences between small claims and superior court will help you decide which one is right for you.
One of the main differences between small claims and superior court is the size of the claims allowed. As the name indicates, small claims court handles less sizable damages. Specific limits vary by state but generally range from $5,000 to $10,000. In Alabama, the maximum claim is $6,000.
Superior court handles larger claims. People whose damages exceed $6,000 have a choice, though. They can file their claim in superior court or settle for the $6,000 maximum and go through small claims court. Still, the claim amount is only one factor to consider.
Additional points to consider are the type of case you have and how complex it is. Both small claims and superior court handle civil cases, such as those involving property damage, landlord-tenant disputes, breach of contract claims, and debt collections. Small claims court is designed for simpler, more straightforward cases in those categories.
Superior court, on the other hand, handles more complicated matters that involve multiple types of damages, claims that are more difficult to prove, and other in-depth details. Furthermore, superior court branches out beyond standard civil cases. It handles family law, business disputes, real estate litigation, and criminal cases.
Small claims and superior court differ in their procedures and levels of formality as well. Small claims court is a less formal setting. There’s no jury or trial involved. Cases are presented directly to a judge and usually settled quickly, within a few hours or a single day. Basic evidence, like receipts, pictures, or signed contracts, is generally all the plaintiff and defendant need to prove their cases.
People may choose to represent themselves in small claims court rather than having legal representation. In fact, some states don’t allow attorney representation in small claims court at all. Alabama is an exception. Though you’re not required to have a lawyer present, you can, and potentially should.
Superior court works a bit differently. Having an attorney in Cullman, AL is highly recommended because of the complexity of the cases. Stricter rules apply to the types of evidence that are considered acceptable too. In superior court, pictures, documents, and other evidence generally must be authenticated before being deemed permissible. Some types of evidence that would be accepted in small claims court are dismissed in superior court.
People tend to find small claims court to be far less intimidating than superior court because of its informality, less stringent requirements, and faster case settlements. Many forgo the possibility of being awarded more damages just to avoid taking their claims to superior court. In cases where the plaintiff’s damages far exceed the limits of small claims court, though, that may not be the best option.
Looking at a basic common scenario may help to clarify how a case might transition from small claims court to superior court. Say, for example, you were in a car accident in which another driver caused minor damage to your hood and fender that amounted to $4,000. You have basic liability coverage, and since the accident wasn’t your fault, it won’t cover your vehicle repairs. Unfortunately, the driver who was at fault has no insurance at all, so you decide to sue him directly for those expenses. That would be a case for small claims court.
Now, say you sustained injuries in that accident. In addition to the $4,000 in repairs, you’re also facing $10,000 in medical bills along with missed time from work. That would make it a case for superior court.
On the most basic level, your damages in the latter scenario exceed the limits of small claims court. You’re asking for multiple types of damages as well, including vehicle repair costs, medical bills, and lost wages. That makes the case more complex.
You might be able to prove your case with a police report, pictures of the damages, and a quote from a body shop in the original situation. When injuries and other issues enter the mix, though, you’ll need copies of your medical bills. You might also need expert witnesses to help confirm that the accident caused your injuries and that the related damages you’re asking for are reasonable.
In superior court, police reports are considered hearsay, so they’re not permissible as evidence. Any pictures you present to show the damage to your vehicle may need to be authenticated, or they may be dismissed altogether. You’ll most likely need more substantial proof that the other driver was at fault and to what extent.
As mentioned, you don’t necessarily have to have an attorney for a simpler case in small claims court though it’s advisable. In the second scenario, you’ll definitely want a lawyer in your corner to help strengthen your case and to represent you in court. Those are a few of the main factors to think about.
Several factors can affect your chances of winning a small claims case. Most of them revolve around how effectively you prove your case. That involves being well prepared, providing solid evidence, and remaining calm and respectful in court no matter what the other party says against you or in their own defense. Being sure to follow the rules of the court and the proper procedures for filing can also affect your chances of success.
In general, though, people who take their cases to small claims court win about 60 percent of the time. Your odds are likely to improve with legal representation. Attorneys fully understand court rules and procedures, and they have in-depth knowledge of the laws that apply to their clients’ cases. They can also help you prepare for the case and ensure you have ample evidence to present in court.
In a nutshell, small claims court is less strict and formal. It’s designed for simpler cases that involve less significant damages. Proving a case in small claims court tends to be easier than doing so in superior court.
In contrast, superior court is for larger claims and more complex cases. It’s a more formal setting with more stringent rules in place, and proving a case is typically more difficult. While legal representation isn’t required in small claims court, it’s usually essential in superior court. Regardless of your situation, at least consulting with an attorney before proceeding is always recommended. Doing so will greatly improve your chances of success.
