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?? on small claims process

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lordiamtired

Guest
What is the name of your state? VA/TN

I've been trying to research on here before I file in small claims. I'm a little confused and think it might be a 'state differences' thing. I live in VA but my mother is in TN and has rental property and I am helping her file there against a TN resident for back rent/get eviction started.

I went by the courthouse today and got the form to file a small claims which they call General Sessions there. Clerk said I pay the fine and the date is set 30 days from the day I file. But some people on here have said they've sent interrogatories and everything before their small claims case goes to court.

Is the term 'small claims' just used sometimes in place of civil court because if trial is set for 30 days from now, how could someone receive summons, receive interrogatories/initial disclosures and answer all within that time?

Just want to clarify before I miss something I am supposed to do. The clerk said all I have to do is just show up on the court date unless we settle before then. Is this just a choice of words thing or is small claims handled differently in each state? I know the amount you can ask for is different.

Thanks in advance for any advice/response.
 


I AM ALWAYS LIABLE

Senior Member
lordiamtired said:
What is the name of your state? VA/TN

I've been trying to research on here before I file in small claims. I'm a little confused and think it might be a 'state differences' thing. I live in VA but my mother is in TN and has rental property and I am helping her file there against a TN resident for back rent/get eviction started.

I went by the courthouse today and got the form to file a small claims which they call General Sessions there. Clerk said I pay the fine and the date is set 30 days from the day I file. But some people on here have said they've sent interrogatories and everything before their small claims case goes to court.

Is the term 'small claims' just used sometimes in place of civil court because if trial is set for 30 days from now, how could someone receive summons, receive interrogatories/initial disclosures and answer all within that time?

Just want to clarify before I miss something I am supposed to do. The clerk said all I have to do is just show up on the court date unless we settle before then. Is this just a choice of words thing or is small claims handled differently in each state? I know the amount you can ask for is different.

Thanks in advance for any advice/response.


My response:

Some States call it Small Claims court, others call it Sessions court, and still others call it Justice court. You say potato, I say potatoe. It's all the same thing. It's for people who are suing for small amounts of money, and who are not "worldly" in the ways of the law; e.g., as an attorney.

Some States allow "Discovery" in Small Claims court, and most do not; e.g., California. Hell, for that matter, some States allow attorneys to represent their clients in Small Claims court. Neither "Discovery" or representation in court - - when it comes to Small Claims - - makes absolutely no sense to me. Sort of takes the fun out of "Small Claims" when you can do the same things there as you can in the higher courts.

IAAL
 
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