Your Guide to Large Claims Process

Litigants are able to take advantage of the less formal, less time-consuming and less costly small claims procedure when the claim at issue is below the $5,000.00 limit. However, when the claim exceeds that amount, a somewhat different procedure must be followed in the large claim, or circuit courts.

As in the small claims process, a large claims lawsuit begins with the drafting, filing and service of a Summons and Complaint. However, the plaintiff will quickly notice the first difference -- a filing fee in the neighborhood of $180.00, as opposed to the approximately $60.00 required to file a small claims action. The defendant's required response is also quite different. Any disputes and defenses must be set forth in a written Answer, to be filed with the court and served on the plaintiff within 20 days of the original service of the Summons and Complaint. Although there are formal rules governing the format and content of the Answer, such rules are generally relaxed when a defendant is appearing without an attorney ("pro se"). If the defendant fails to respond in an appropriate fashion, a default judgment will be granted to the plaintiff.

If the defendant answers and joins issue with the allegations in the Complaint, the case is assigned to a specific judge or "branch." Soon thereafter, a scheduling conference is held. At the scheduling conference, the dates and deadlines of the litigation are set. Among those are deadlines for the plaintiff and defendant's Witness List, by which each party notifies the other as to any and all witnesses that may testify on their behalf.

The exchange of witness lists is just one component of the important process of trial preparation called "discovery." The litigants may also utilize written inquiries (Interrogatories) or schedule oral examinations (Depositions) to elicit more detailed information as to their opponent's claims and intended testimony. If documents are sought, a party may also serve a formal request in that regard.

After discovery has been completed and the deadline for same has passed, the judge usually conducts a pre-trial conference. At that time, issues and disputes are discussed and focused. In addition, the judge will often encourage and facilitate settlement negotiation. If none is reached, the trial date will either be confirmed or set.

As a result of today's increased media coverage, most are familiar the process of a large claims trial. Unfortunately, you may also be familiar with the time-consuming and complicated process of appeal afforded to an unsatisfied litigant. The good news is that if and when judgment is finally entered in the plaintiff's favor, there are a number of post-judgment remedies that become available.