How to properly file a claim in small court?

UPDATED: Sep 30, 2022

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How to properly file a claim in small court?

I would like to sue the contractor who improperly installed laminate floor in my dental office. Now the flooring exhibits edge peaking along the edges and randomly scattered gaps. I have Inspection report from certified floor inspector which states that primary cause of damage is improper installation and other supporting documentation attached. I am seeking for reimbursement of damages in the amount of $3000.

Asked on August 14, 2017 under Business Law, New Jersey


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Thw Small Claims Court usually has an adviser who will help you file the case and explain the procedures.  The procedure is to file the complaint (lawsuit), pay a court filing fee, and have the defendant (party you are suing) served by a process server. The proof of service is also filed with the court. The causes of action (claims) in your lawsuit would be negligence and breach of contract.  Upon prevailing in the case, you can recover the court costs (filing fee and process server fee) in addition to your damages (monetary compensation).  The Small Claims Court has the forms you will need for the complaint (lawsuit).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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