Every Small Claims Court has a limit concerning the amount of money that can be litigated within the court. The amount varies from state to state. Usually the amount is somewhere between two thousand to fivethousand dollars. If the amount that you are suing for is larger than the limit, the court will not hear your case. You then must take your case to the Municipal Court.

Almost any civil case that is below the jurisdictional limit of the Small Claims Court can be heard. Typically, the cases that are heard involve landlord / tenant disputes, minor property damage, minor physical injury, and breach of contract. Issues involving family law and wills or trusts are generally reserved for the Family Court and the Probate Court.

If your case involves one of the above stated issues, and the case can be heard in the Small Claims Court, then representing yourself may be a good idea. However, if your case involves an amount beyond that of the Small Claims Court, representing yourself would be foolish. The legal system is very complicated both substantively and procedurally. To attempt to wade through the process without the advice of an attorney would be similar to stepping into a boxing ring, without any training, against a professional boxer. The outcome is readily apparent.

The ability to collect really depends upon the person that you are trying to collect from. If the person you are suing has no money, and is not likely to have money anytime in the future, then collecting will be hard if not impossible. This type of person is generally considered judgment proof. Before you initiate a lawsuit against someone, it is important to consider his or her financial resources. If the person is "judgment proof," initiating a lawsuit is usually a waste of both time and money.

The difference involves the level of formality and the legal effect of the process. Mediation does not involve attorneys, but rather a neutral third party. The process itself is very informal. Two people generally just tell their story to a mediator. The role of the mediator is to diffuse anger between the parties and to help the parties arrive at an agreeable compromise. The cost of mediation is significantly lower than arbitration. In addition, any agreement that is created is usually not legally enforceable. However, if the parties wish, they may reduce their agreement to writing. If one of the parties does not follow through with their promised performance, than an action for breach of contract may lie.

Lawyers are not involved in mediation. The only parties involved are the two opposing parties and the mediator.

Unless the parties agree otherwise, arbitration is almost always legally binding upon both parties.

The most important tool to determine whether your attorney is preparing for your case is to communicate with her. If your attorney never returns your phone calls, and your case is scheduled for trial, you may have a problem. It is important to remember that you hired the attorney and not vice versa. You should make it clear from the beginning that you expect you attorney to keep you informed and involve you in the process. Proper communication between you and your attorney can help you evaluate the amount of work that your attorney is putting into your case.