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Many seniors have had the good fortune to avoid involvement in lawsuits, and some have never consulted with an attorney. When events occur which cause you to think about filing a lawsuit against another person or business, it can be difficult to decide how to proceed. There are options which may be available to you depending on the type of case you have and the amount of money or other remedy which you are seeking.

If you are requesting $7,500.00 or less from another person or business in money damages, you may be able to file your case in Small Claims court. A trial in small claims court is somewhat like watching the television show People's Court. Both the person bringing the lawsuit, called the plaintiff, and the person or business being sued, the defendant, appear before a magistrate, who hears both sides of the dispute and makes a decision as to who should prevail. Each party can present sworn testimony or other evidence to the court to try to prove its case. The formal rules of Evidence are not required, making it easier for those who do not have attorneys to prosecute their case. Either party has the ability to have a lawyer represent them in cases brought to small claims court, however, it is not mandatory. If you decide to have your case heard in small claims court, you give up your right to have a jury trial.

Unfortunately, a Defendant who does not want the case to remain relatively simple may request that the case be transferred to District Court, where the formal rules and procedures apply. If this occurs, the Defendant has the ability to use certain procedures that may further complicate the case, and an attorney may be necessary to continue the litigation. For example, formal rules of evidence, which may be complex, are required at trial. In district court, either party can request that a jury hear the case instead of a district court judge.

One of the benefits of small claims court is that there is are forms which can be easily completed in cases which are not complex. A book called the Alaska Small Claims Handbook is available at no cost from the Alaska Court System. In Anchorage, you can obtain both the book and a set of forms to be used, by going to the clerk's office, located on the first floor of the Anchorage State Courthouse. Clerks are not allowed to give legal advice, but they can answer procedural questions.

One of the forms you will receive is the Complaint. In this document, you must state the amount of money you are seeking, and the reason why you believe that the defendant owes you this money. You fill out the complaint, pay a $25.00 filing fee ($60.00 in the district court), and serve the Defendant by mailing the complaint to the Defendant's address. You can also have the complaint delivered to the Defendant by a person you can hire called a process server. Once the Defendant is served, he or she can file a document called an Answer in which he admits or denies your claims. If a defendant is served and neglects to file an Answer within the proper time, you can request that the court grant you a default judgment.

If you obtain a judgment against the defendant and he does not pay what is owed, you can attempt to collect on the judgment by a process called execution. This itself can be complex and time consuming. You may be able to collect from a defendant's Alaska Permanent Fund Dividends.

If a party requests money damages between $7,500.00 and $50,000.00, a case generally is heard in the District Court before a district court judge or, if requested, a jury. Cases above the $50,000.00 range are normally heard by a Superior court judge or jury.

This article presents only a general overview of procedures involved in filing a lawsuit in Alaska. It is probably wise to consult with an attorney prior to initiating a legal claim, so that you can have all of your questions answered.

Steven Pradell is an Anchorage Attorney with a practice emphasizing family law, personal injury, and criminal law. © 1997 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose. The law office of Pradell and Associates provides free legal consultations to injured Alaskans. Attorneys can evaluate your case, recommend treatment, and help you settle your claim. A helpful staff provides prompt, courteous services to meet your legal needs. Give Pradell and Associates a call today, at (907) 279-4529-- (279-4LAW). Steven Pradell is an Anchorage attorney with a practice emphasizing probate and estates, personal injury, criminal and family law.