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LADYLAWYER
LADYLAWYER, Lawyer
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Do I need an attorney to file a claim in the Magistrates Court

Customer Question

Do I need an attorney to file a claim in the Magistrates Court in Spartanburg? I had a small RV hit by a Swift Co. tractor trailer on I-26 because he filed to yield coming from the I-85 on ramp. $4200 estimate to fix the RV
Submitted: 2 years ago.
Category: Legal
Expert:  LADYLAWYER replied 2 years ago.

LADYLAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today. Please give me a moment to review your question and to answer you.
LADYLAWYER : If you are speaking of Tennessee's small claims courts (also known as the Courts of General Sessions), then yes, you may file there without an attorney.
LADYLAWYER : You are able to claim up to 25k in small claims.
LADYLAWYER : You may file in the county where the defendant resides or works, or where the accident happened.
LADYLAWYER : I noticed you asked about a city and said the state was TN, but because you asked about magistrates court, you may be talking about another state. Is that so?
LADYLAWYER : Possibly SC?
Customer:

Since the accident happened in SC, i thought it maybe should be filed there?


The accident happenedin Spartanburg, SC. I livein Tennessee

LADYLAWYER : Gotcha, thanks. Yes, the magistrates court in SC are considered the same thing as small claims. You may file without an attorney and seek up to 5k.
LADYLAWYER : You are well within your gifts to file there since that is where the accident happened.
LADYLAWYER : *rights
LADYLAWYER : Autocorrect, sorry.
Customer:

I'm an engineer, and certainly not an attorney, is it very involved to file?


 

LADYLAWYER : No, that's what small claims is designed for.
LADYLAWYER : The clerk has all the forms and can mail them to you.
LADYLAWYER : You may even be able to get them online but you will have to call and find out.
LADYLAWYER : Just fill out the forms, send them back in with the filing fee and then the defendant will be served the lawsuit.
LADYLAWYER : You will have one chance to mediate the claim and then you will have a trial if you reach an impasse in mediation.
Customer:

Thanks for your help. I'll give it a try.


Are we "hung up?"

LADYLAWYER : I don't think so. Can you see my typing?
Customer:
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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