A small claims advisor is an individual who offers information, advice and guidance to litigants in small claims court cases. Advisors are also available to apprise litigants of their rights in order to assure that justice is served throughout the court process. Among the duties performed and services provided by a small claims advisor are document preparation assistance, appeals assistance and general help in navigating all phases of the court process whether as a plaintiff or as a defendant.
Small claims court is a special department of the American state court system reserved for minor disputes between litigants. It is entirely separate from civil court and operates under different guidelines. For instance, a plaintiff is not able to appeal a small claim’s case, but a defendant may. These are among the subtleties that a small claims advisor is able to help litigants with.
Litigants may be individuals or businesses involved in a dispute with another individual or business entity. As small claims court cases generally revolve around disputes involving limited sums of money, minor losses or property damage, attorneys do not typically work on small claims cases. Instead, individuals represent themselves and their own interests in court while relying on a small claims advisor for procedural help. If a judgment is awarded in a small claims case, an advisor may also offer advice on collecting the judgment. Most do not, however, collect a judgment on a client’s behalf.
Some advisors are interns or volunteers professionally trained to advise on matters pertaining to the small claims court system. Many, however, are paralegals or, in some cases, may hold an actual law degree. Some small claims advisors have also undergone small claims mediator training. Such training may vary across jurisdictions, but typically involves basic and specialized court mediation training and certification.
A small claims advisor provides services to both plaintiffs and defendants in a small claims case, but will only communicate with the principal parties involved in a case. Small claims advisors often work in offices on the court’s premises, but many operate out of independent office locations, as well. Some are contracted by the court to provide services without cost to court litigants, while others work within community based organizations and private businesses. In some states, like California, courts are directed by law to provide a small claims advisor to litigants at no cost.
Beyond procedural help, litigants may receive suggestions from a small claims advisor on how to professionally represent themselves in court. Such instruction may include tips on how to dress and behave and what to expect once court is in session. Small claims advisors are also on hand to explain unfamiliar terms often used in court.
