LegalTips.ORG Directory Full Text About us
Alabama Code | California Code | Connecticut Code | Nebraska Code | Texas Code
 
Google
 
Web LegalTips.org


maritime & jones injury law attorney   Official Government Sites
   State of Alabama
   State of Alaska
   State of Arizona
   State of Arkansas
   State of California
   State of Colorado
   State of Connecticut
   State of Delaware
   District-of-Columbia
   State of Florida
   State of Georgia
   State of Hawaii
   State of Idaho
   State of Illinois
   State of Indiana
   State of Iowa
   State of Kansas
   State of Kentucky
   State of Louisiana
   State of Maine
   State of Maryland
   State of Massachusetts
   State of Michigan
   State of Minnesota
   State of Mississippi
   State of Missouri
   State of Montana
   State of Nebraska
   State of Nevada
   State of New-Hampshire
   State of New-Jersey
   State of New-Mexico
   State of New York
   State of North-Carolina
   State of North-Dakota
   State of Ohio
   State of Oklahoma
   State of Oregon
   State of Pennsylvania
   State of Rhode-Island
   State of South-Carolina
   State of South-Dakota
   State of Tennessee
   State of Texas
   State of Utah
   State of Vermont
   State of Virginia
   State of Washington
   State of West-Virginia
   State of Wisconsin
   State of Wyoming


CODE OF CIVIL PROCEDURE
SECTION 116.110-116.140


116.110.  This chapter shall be known and may be cited as "The Small
Claims Act."

116.120.  The Legislature hereby finds and declares as follows:
   (a) Individual minor civil disputes are of special importance to
the parties and of significant social and economic consequence
collectively.
   (b) In order to resolve minor civil disputes expeditiously,
inexpensively, and fairly, it is essential to provide a judicial
forum accessible to all parties directly involved in resolving these
disputes.
   (c) The small claims divisions have been established to provide a
forum to resolve minor civil disputes, and for that reason constitute
a fundamental element in the administration of justice and the
protection of the rights and property of individuals.
   (d) The small claims divisions, the provisions of this chapter,
and the rules of the Judicial Council regarding small claims actions
shall operate to ensure that the convenience of parties and witnesses
who are individuals shall prevail, to the extent possible, over the
convenience of any other parties or witnesses.

116.130.  In this chapter, unless the context indicates otherwise:
   (a) "Plaintiff" means the party who has filed a small claims
action.  The term includes a defendant who has filed a claim against
a plaintiff.
   (b) "Defendant" means the party against whom the plaintiff has
filed a small claims action.  The term includes a plaintiff against
whom a defendant has filed a claim.
   (c) "Judgment creditor" means the party, whether plaintiff or
defendant, in whose favor a money judgment has been rendered.
   (d) "Judgment debtor" means the party, whether plaintiff or
defendant, against whom a money judgment has been rendered.
   (e) "Person" means an individual, corporation, partnership,
limited liability partnership, limited liability company, firm,
association, or other entity.
   (f) "Individual" means a natural person.
   (g) "Party" means a plaintiff or defendant.
   (h) "Motion" means a party's written request to the court for an
order or other action.  The term includes an informal written request
to the court, such as a letter.
   (i) "Declaration" means a written statement signed by an
individual which includes the date and place of signing, and a
statement under penalty of perjury under the laws of this state that
its contents are true and correct.
   (j) "Good cause" means circumstances sufficient to justify the
requested order or other action, as determined by the judge.
   (k) "Mail" means first-class mail with postage fully prepaid,
unless stated otherwise.

116.140.  The following do not apply in small claims actions:
   (a) Subdivision (a) of Section 1013 and subdivision (b) of Section
1005, on the extension of the time for taking action when notice is
given by mail.
   (b) Title 6.5 (commencing with Section 481.010) of Part 2, on the
issuance of prejudgment attachments.





Alabama Code | California Code | Connecticut Code | Nebraska Code | Texas Code
 © 2007 All Rights Reserved. LegalTips.ORG.