Small claims vs. district court

[DYLAN150]

If you owe a bank 15k, they take you to district court and get a judgment against you. If you owe a bank only $800 dollars they take you to small claims court and get a judgment against you. Any difference in the collections method? State exemptions for property or assets are still the same right? Basically the only difference is the dollar amount correct?

[frogger]

Pretty much the same, however small claims court has a $$$ limit that district courts do not have. In our area, most of the cc companies use district courts in order to use their attorney. Attorneys are frowned on in our small claims court.

[treehugger1]

As noted by Frogger, your exemptions should not be changed or diminished due to small claims proceedings. My state has the same rules for small claims as Frogger's; no attorneys allowed in small claims. Different states have different rules.

[catleg]

I think the thing that most people don't get about small claims court is that a judgment is just a piece of paper. It requires further legal work for it to be enforced against a recalcitrant debtor, so usually at that point an attorney must get involved. (or skilled collections agent)

[Bell30656]

There are different rules for Small Claims Courts. Each state is different. Usually Small Claims Court is a quicker procedure. In my state, Georgia, Small Claims Court is actually called Magistrate Court. Do you know what the requirement to be a magistrate judge is? No legal training whatsoever. At least not in my state.

"To qualify as a magistrate, an individual must reside in the county for at least one year preceding his or her term of office, be 25 years of age, and have a high school diploma or its equivalent."

[frogger]

I think the thing that most people don't get about small claims court is that a judgment is just a piece of paper. It requires further legal work for it to be enforced against a recalcitrant debtor, so usually at that point an attorney must get involved. (or skilled collections agent)

You are exactly right. The judgment is nothing more than a piece of paper that does nothing except give you options to collect. If you don't have anything to take or wages that can be garnished, the judgment is best used for wiping your donkey.