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What are Connecticut Small Claims Cases and Class Action Lawsuits?
Small claims and class action lawsuits are civil cases brought by one or more petitioners against other individuals or organizations. In small claims cases, a plaintiff brings a claim against an individual or corporate entity. In class action lawsuits, a group of persons with similar legal claims comes together to form a class and pursue legal action against a company or corporate entity. Civil rules of procedure apply to small claims cases and class action lawsuits in Connecticut. The Superior Court hears small claims cases in the state, and the court holds sessions to address different claims cases. Any person aged 18 or older or emancipated may file small claims or join a class action lawsuit.
What is a Class Action Lawsuit in Connecticut?
A class action is a civil lawsuit that involves a class of plaintiffs filing a legal complaint against a defendant. A class is made up of many individuals who share similar legal claims against the same defendant. Class action lawsuits typically involve disputes about personal injury, faulty products, fraud, or other types of loss. Although the class is made up of many individuals, one or more members of the class may represent the class, initiating the lawsuit on behalf of the other members. A class action lawsuit is practical when it is impractical for all the members of the class to bring single-party suits against the defendant. Additionally, class action lawsuits are typically less expensive than single-party lawsuits.
How do I File a Claim in a Connecticut Small Claims Court?
To initiate a small claims case, a plaintiff may begin by filing a Small Claims Writ and Notice of Suit form. If there is more than one defendant and the names do not fit the form, the petitioner will be expected to file a Continuation of Parties form. The forms are also available at the courthouse in each town. A petitioner may file a claim in the county where the plaintiff or the defendant lives or where the claim arose. The petitioner typically needs to sign the forms in the presence of a notary public or a Court Clerk. After filing the form with the Court Clerk, the plaintiff should ensure that the defendant receives a copy of the notice. The plaintiff may then serve the defendant notice by mail (priority, certified, or nationally recognized courier) or by a service officer. The Court Clerk may indicate the date by which the defendant is required to respond.
In Connecticut small claims courts, the defendant may sue for monetary damages worth up to $5000, excluding costs and interests. The court charges an entry fee of $95 to file small claims in Connecticut. The plaintiff may pay with a credit card, cash, check, or money order addressed to the ‘Clerk of the Superior Court.’ If the plaintiff wins the case, the court adds the entry fee and service costs to the judgment.
Do I Need a Small Claims Lawyer?
Connecticut small claims courts are typically designed so that case parties can be self-represented. However, the state allows small claims lawyers to represent case parties. If the plaintiff is a business, full-time employees may represent the business in a small claims case. Small claims lawyers also offer legal advice to self-represented litigants.
How do Class Action Lawsuits Work in Connecticut?
One or more persons may represent the class of plaintiffs in a Connecticut class action lawsuit. The representatives and the class attorney may initiate the process by filing a Civil Action Summons. The representatives may then petition the court to certify the class. In Connecticut, a class may be certified if:
- The class is so numerous that individual lawsuits would be impractical.
- All class members share a common claim or legal issue.
- The class representatives can fairly and adequately protect the interests of the class.
- The representatives’ claims are typical of the claims of the entire class.
If the court determines that the class meets all the requirements, the court certifies the class and appoints a lead representative to present the class’s case. However, it is worth noting that the court may have other certification requirements, such as the fact that a class action should be the superior available method for resolving the plaintiff’s claims. Questions of the law that affect the whole class should also supersede those of individuals.
Upon certification, the lead representative is expected to ensure that all absent class members are notified by acceptable means. Class members may opt out of the class action at any time or oppose the court’s judgment.
Is a Class Action Better Than a Single Party Suit?
In cases where the recovery amount is not large, class action lawsuits may be ideal as the class members typically share the recovery amount. There is a higher chance of recovering small amounts with class action lawsuits. Additionally, class action lawsuits can provide similar outcomes for different people, whereas single-party suits may yield different results for different petitioners. However, it is worth considering that class action lawsuits limit the class members’ ability to file single-party suits against the defendant in the future. Additionally, if a person has suffered greater damages than others in the group, a single-party suit may be a better recourse in order for such a person to get adequate compensation.
Connecticut public records may also be accessed through third-party websites. These sites may expedite the record retrieval process by aggregating records generated across several jurisdictions and allowing users to perform multi-record searches. To use a third-party site, the inquirer may be required to provide the following information:
- The name of the record subject, unless said person is a juvenile
- The location or assumed location of the record or person involved, including information such as the city, county, or state that person resides in or was accused in.
Third-party sites are managed independently of government sources and are not sponsored by these agencies. Consequently, the availability, accuracy, and/or validity of some records may not be guaranteed.
What Cases Are Heard by Small Claims Courts in Connecticut?
The Connecticut Small Claims Court primarily hears cases pertaining to:
- Landlord/tenant disputes, including back rent
- Damaged property
- Security deposit recovery
- Contract breach, including oral and verbal contracts
- Hospital bills
- Unpaid claims
- Other claims that involve no more than $5000
