Expert: Bennie719 - 2/25/2008

Question
Hello,
I have noticed that although you do not, most of the other experts are constantly recommending that people take their case to small claims court.  Some even state that you have a better chance of winning because there is no legal or insurance help allowed in small claims court.
Is this really true?  What is the law in my state.  I live in Tennessee.
Jeremy

Answer
Hi Jeremy,
Among the 50 states and the District of Columbia, only 8 states DO NOT allow an attorney in small claims court, and most of them make exceptions if either the plaintiff or defendant is an attorney.
37 States (including D.C.) specifically ALLOW attorneys in small claims court.  3 states allow an attorney with permission of the court, in 1 state, an attorney is not allowed unless both sides agree in writing.  In 1 state attorneys are only allowed if both sides have an attorney.
In the 1 remaining state, an attorney is allowed under the condition that if one party secures an attorney then the other party may, if desired, have the case continued to allow him to obtain an attorney.
In Tennessee, attorneys are allowed and the dollar limit for small claims court is $15,000 in counties with a population of less than 700,000 and $25,000 in counties with a population greater than 700,000.
I hope this information has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area