If you feel it necessary for your security, you can ask the judge to appoint someone to defend you, such as a public defender or a court-appointed lawyer, as mentioned in the previous question.
8. How much will I have to pay to file a claim in Small Claims Court?
Nothing. The services at Small Claims Courts are free. You can file a lawsuit without paying anything. You only pay if you miss a hearing without justification. If you lose the case and appeal the judge's decision, you will have to pay the court costs and the other party's attorney fees if your appeal is not ruled in your favor. However, if you cannot afford to pay, you are entitled to free legal aid.
9. How do I file a lawsuit in Small Claims Court?
- Gather as much documentation as possible to support your claim (e.g., an invoice, a contract);
Go to the nearest Small Claims Court and seek assistance at the counter;
Bring your identification card and CPF (original and copies) and provide your personal details (name, marital status, profession, and full address);
Don't forget to also bring the details of the person or company (full name and address) you intend to sue;
If applicable, provide the full names and addresses of up to three witnesses (people who know or witnessed what happened).
ATTENTION:
If you submit your claim in writing and it is in order, it will be sufficient to hand it over at the distribution counter.
If you do not know how or do not wish to write your claim, there are court employees prepared to listen to your case and fill out the form.
NOTE: You will leave the court with a scheduled date for a conciliation hearing.
- What is a Conciliation Hearing?
Conciliation is one of the secrets to the success of Small Claims Courts.
A significant portion of cases in Small Claims Courts are resolved during the Conciliation Hearing. In this hearing, the conciliator (who is not the judge) speaks with the parties involved, attempting to help them reach an agreement to resolve the problem and find their own solutions.
The conciliators aim to help people resolve their issues. In some locations, where these professionals are not available, a community member may even be appointed.
The conciliator's role is very important because, with an agreement, there are no winners or losers; everyone is satisfied with the outcome.
But what if I don't reach an agreement in this hearing?
In that case, there will be an Instruction and Judgment Hearing, held on the same day and time, presided over by the judge. If that's not possible, it will be rescheduled for the earliest possible date, depending on the situation of each court.
The judge will again attempt to facilitate an agreement; if achieved, the case is closed, with no costs or attorney fees.
If no agreement is reached, the person or company being sued will present their defense in writing or orally. The judge will listen to the involved parties, any witnesses, examine the documents from both sides (plaintiff and defendant), and then make a decision (issue a sentence stating who is in the right).
Instruction and Judgment Hearing: How long will I have to wait for this hearing?
This will depend on the court; the important thing is that everything is done as quickly as possible, from the distribution of the case (i.e., when the lawsuit is filed) to the judgment; everything should be resolved in a short period; this is one of the major advantages of Small Claims Courts: their speed. The other advantage is the promotion of consensus justice (agreements).
- What should I bring to this hearing?
Your personal documents and witnesses (each party can bring a maximum of three witnesses), and all documents you have, such as contracts, quotes, receipts, photographs, invoices, technical opinions, etc. If you wish and find it necessary, you can ask the judge to summon the witnesses, compelling them to appear, or you can bring the witnesses personally, bearing their attendance yourself.
- Can I request an expert opinion in Small Claims Courts?
No, because it delays the process. However, the judge may consult a technician of their confidence on the facts. And the parties can present a technical opinion or even bring the technician to testify as a witness.
- Is the personal presence of the party mandatory?
Yes. Even when assisted by a lawyer, the party's presence is indispensable; it is not possible to be represented by another person.
If the defendant is a legal entity (company), its legal representative (preposto) must appear, with identification documents, in addition to the company's formation documents; it is important to verify that the defendant has their documents in order to attend the hearing.
- What happens if one of the parties does not appear in person?
If the claimant (plaintiff) fails to appear at the conciliation hearing or the instruction and judgment hearing without justification, the case will be dismissed and archived, with the claimant being ordered to pay court costs. If the defendant fails to appear, they will be considered in default, meaning the judge will assume the facts alleged by the plaintiff are true and will proceed with the decision.
- What if there is a strong reason for the party's absence?
They must present the justification (which can be submitted by anyone), in writing and with supporting documents, before the start of the hearing.
- What if I arrive late?
If you are called and not present, you will be considered absent, even if you arrive some time later. Therefore, it is recommended to arrive before the scheduled time and pay attention to the call. Furthermore, it demonstrates your interest in the case.
- How is this call made?
Aloud, by a court employee. During the instruction and judgment hearing:
1) The judge presides over the hearing.
2) The claimant (plaintiff), the defendant, and the witnesses must behave politely.
3) Each party and the witnesses will have their turn to speak, and everyone must address the judge when given the opportunity to speak, at which time they can present the facts.
- What happens at the end of this hearing?
Usually, the judge issues the sentence after the presentation of evidence, during the hearing itself. However, if deemed necessary, they may postpone it to another day, setting a date and time in advance and notifying the parties and, if applicable, their lawyers.
- What if I, the plaintiff, lose and don't agree with the judge's decision (sentence)?
Don't worry. You can file an appeal with the Appellate Panel. In this case, you will need a lawyer and must pay the court expenses (costs and judicial fees) at the bank, using payment slips. If you accept the decision and do not appeal, you will be exempt from paying court costs and the other party's attorney fees, and after the sentence is complied with, the case will be archived.
- What if the defendant loses the case?
Similar to the plaintiff, they can appeal, hiring a lawyer and paying the costs. If they accept the decision, they will be exempt from costs and fees and must fulfill their obligation as soon as possible; otherwise, they will be subject to execution to comply with the judge's decision.
- What is the deadline to appeal the sentence?
Ten days, counted from the date the judge's decision became known.
- How is this sentence execution carried out?
If payment has not been made voluntarily, the winning party may request the execution of the sentence. This requires a verbal request made at the court clerk's office. The judge will then send the case to the judicial accountant to calculate the debt, including interest and monetary correction, and, in case of a condemnation, after the appeal is judged, court costs and attorney fees. If payment still does not occur, a bailiff will seize the debtor's assets, which, after being appraised, will be auctioned to pay the creditor. Any remaining amount from the sale will be returned to the debtor.
- Can I reach an agreement after the sentence?
An agreement is always possible at any stage of the process. You and the other party only need to submit a written request to the judge with the terms of the agreement for it to be ratified, or simply communicate that an agreement has been reached and request the case to be archived.
See some cases that can be resolved by Small Claims Courts:
- To evict a tenant so you can live in the property;
- When your tenant is behind on rent and you need to collect it;
- If your tenant returned the property in poor condition, with problems that did not exist when you rented it out;
- If you lent money to someone who hasn't paid it back;
- If you are a freelance professional and haven't been paid for your services;
- If someone hit your car and refuses to pay for the repairs;
- If you have a promissory note or a bounced check to collect;
- When your bank makes an undue or abusive charge;
- If someone or a company performed a service you paid for poorly;
- If the laundry returned your clothes damaged or gave them to someone else;
- If you bought a damaged or defective product;
- If the credit card company charged for products or services you did not consume;
- When any of your property is destroyed by another person;
- If you lent a book to someone and they returned it with missing pages;
- If the neighbor's child broke your window with a stone or...
- If your child's school tuition had increases not foreseen by law;
- If a leak or water damage from your neighbor's apartment caused damage to your property;
- If the bank, financial institution, or your credit card company is charging you abusive interest rates, meaning very high ones;
- Any issue related to your health insurance plan;
- Problems with your phone, electricity, water, and gas can be discussed;
- If you purchased a consortium (joint purchase scheme) and intend to withdraw, reclaiming part of what you paid;
- Any problem you have with SPC, SERASA, or another credit reporting agency.
Observation: If you are unsure whether the matter you wish to claim can be resolved in Small Claims Courts, consult the service staff at the nearest Small Claims Court.
Deadlines for filing claims in Small Claims Courts:
30 days — for the supply of services (manicurist, hairdresser, etc.) and non-durable goods (food, medicine, etc.).
90 days — for the supply of services (house painting, pest control, etc.) and durable goods (appliances, cars, etc.).
Obs: The deadline starts counting from the effective delivery of the product or the completion of the services.
Apparent defects:
The deadline only starts counting when the defect becomes evident.
Specific cases that obligatorily define the place to file a lawsuit (Art. 4°, Law 9.099/95):
Near the defendant's domicile or the place where the defendant carries out their professional activities or maintains an establishment
If the defendant is a company or store, go to the Small Claims Court near its headquarters or main branch.
Near the place where the incident occurred, for claims for damages (compensation).
Source: website of the Court of Justice of Goiás, link: http://docs.tjgo.jus.br/comarcas/juizadosespeciais/diversos/DOC_cartilhacivel.pdf
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