| appeal A new hearing of all of the claims by the superior court. commissioner
A Small Claims Court commissioner is an attorney hired by the court to hear Small Claims Court cases. continuance A request to postpone a court date. costs Certain fees and charges a party pays to file and present a case or to enforce a judgment. damages Money claimed or awarded in court, equal to the dollar value of the claimant's losses. default When a party to the lawsuit fails to attend the small claims court hearing. If the party was properly notified of the action (served), the judge may hear and decide the case without hearing the absent party's side. default judgment A judgment entered when one party does not attend the small claims court hearing. defendant The person or business being sued. defense The defendant's facts or arguments that demonstrate why the plaintiff is not entitled to the relief requested. dismiss without prejudice To dismiss the present action, but leave open the possibility of another suit on the same claim. dismiss with prejudice To dismiss the present action, and deny the right to file another suit on that claim. enforce To put the judgment into effect by taking legal steps to bring about compliance. good cause A good reason. For example, a party must have good cause (better than not having a car or not being able to find a baby-sitter) for not attending the small claims court hearing. guarantor One who promises to be responsible for the debt or default of another. installment payments Weekly, monthly, or other scheduled payments on a debt. judgment judgment creditor The party (who may be the plaintiff or the defendant) in whose favor a judgment has been awarded. judgment debtor The party (who may be the plaintiff or the defendant on a defendant's claim) against whom the judgment has been entered. jurisdiction The particular court in which an action may properly be brought. jurisdictional limit The maximum monetary amount that may be awarded by the small claims court. The limit is $5,000. mediation A non-adversarial, out-of-court alternative used to settle disputes. motion personal service Service of court papers by handing a copy to the person who is served. plaintiff The party who files the lawsuit. process server A person who serves court papers on a party to a suit. pro-tem judge An attorney who volunteers his or her time to hear and decide Small Claims Court cases. Also called a temporary judge or judge pro tempore. service of process Formally notifying the defendant that a suit has been filed against the defendant, made by certified mail, or by personal service, or by substituted service. statute of limitation The period of time following an occurrence in which a lawsuit must be filed. vacate the default judgment Getting a default judgment removed or erased. venue The particular court in which an action may properly be brought. wage garnishement A legal procedure that requires the employer of a judgment debtor to withhold a portion of the judgment debtor's wages to satisfy the judgment. waive To abandon or give up a claim or a right, or forgive some other requirements. without prejudice
A term used when rights or privileges are not waived or lost. A dismissal of a lawsuit without prejudice allows a new suit to be brought on the same cause of action. |
