County
Court County court is the court with jurisdiction or
legal authority to determine all small claims actions.
Default
Judgment When the defendant fails to respond or show
up to defend against the statement of claim, the clerk or the judge may
enter a default judgment.
Defendant
The defendant is the person, business or corporation being sued by the
plaintiff. If an individual is being sued, they must be at least 18 years
old.
Execution
of Judgment Execution of judgment is the method by which the person
winning the suit, also known as the prevailing party, collects the money,
property or action ordered in the judgment.
Filing Fees and Court Costs
Filing fees and court costs refer to the costs that a plaintiff must pay
to file a small claims action or suit, which are paid to the clerk of
court. These costs may be recovered from the defendant if the suit has
been resolved in the plaintiff’s favor.
Judgment
Judgment refers to the judge’s written ruling on the case.
Litigant A litigant
refers to either the plaintiff or defendant in a suit.
Plaintiff A
plaintiff is the person filing the case requesting that the court require
the defendant to either pay a certain amount or perform some act. The
plaintiff must be at least 18 years old, if under 18, the plaintiff must
have an adult file the case on their behalf.
Pleadings Pleadings can
be requests that either the plaintiff or defendant make to the judge during
the trial.
Pre-trial
Conference A pretrial conference is a court hearing
for the judge to review the case prior to trial.
Relief Relief
is what the plaintiff requests the defendant do to resolve the suit. This
may involve performing an act which ends the dispute.
Satisfaction
of Judgment The satisfaction of judgment form confirms
that the terms in the judgment have been met by the defendant and the
issue is fully resolved.
Service of Process
Service of process occurs when the plaintiff gives the defendant adequate
notice of being sued. The defendant is given a copy of the statement of
claim.
Small Claims Action
A small claims action is a legal case filed in the county court which
requests damages in the form of money or property with a value of $5,000
or less or asks the defendant to perform some act which solves the problem.
Statement of Claim
A statement of claim is the written pleading or form which states the
parties' names, the facts, circumstances and nature of the case, the amount
or value of the dispute, and the resolution or outcome requested by the
plaintiff.
Stipulation
or Mediated Agreement A
stipulation or mediated agreement is the result of a process in which
the plaintiff and defendant reach a written resolution to the dispute
either by themselves or with the help of a neutral mediator.
Trial
The trial is the court proceeding in which the plaintiff and defendant
present evidence to the judge for ruling on the case.
Venue
The venue is the county in which the case should be filed.
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