FAQ
::: Before I File
Yes, automatically. When you file your case through Swiftclaim, the defendant will be provided with formal notice from a local “server” telling them that:
1. You have sued them in small claims court (the “Complaint”)
2. They are are required to appear in court on your court date (the “Summons”)
3. If they don’t appear, they will lose the case automatically (“Default”)
This official notice is called “Service of Process” and is required by all jurisdcitions in order for the court to hear your case.
If the defendant cannot be located at the address you’ve provided, the process server will make three additional attempts at that address to complete service (the legal standard). If these attempts fail, you may provide another address to the Swiftclaim Support Team. At that point, four new attempts at service will then take place at this new address for an additional fee.
In the extremely rare event that the defendant cannot be located at any address you’ve provided (i.e. the defendant has moved to an unknown location or is actively evading service), Swiftclaim will offer you the option to discover the defendant’s location through an expert (“tracing”). Given the rarity of this situation, Swiftclaim offers tracing as a separate service and does require a separate fee.
Of course not! When you file through Swiftclaim, you retain 100% of your rights and collect 100% of any judgement obtained. Swiftclaim just ensures that your filing and service of process are done perfectly.
Yes. You can file a case against any business of any size using Swiftclaim. From a local contractor to a landlord to a Fortune 500 company, Swiftclaim has you covered. Businesses can also use Swiftclaim to file cases against other businesses. Through the entire process, we have a 100% triple-check guarantee to ensure you do it right.
Also, when you sue a business, you’re required to serve process on a designated representative from their company, i.e. their “Agent”. Normally, the process of finding this person is time-consuming. On Swiftclaim, when you enter the business you’re suing, Swiftclaim will automatically populate your claim with the proper legal agent to be served!
Unfortunately, there is no way to hide your address from the defendant. The process server is required to hand the full lawsuit to the defendant and the full lawsuit will have your address on it. There is no way around this.
Yes! Swiftclaim is built by lawyers and we’ve got you covered. With Swiftclaim, you can resolve ANY monetary dispute. Some of the most common Swiftclaim categories are:
- landlord-tenant disputes
- personal injury disputes
- stolen or damaged property disputes
- disputes over a broken promise
- disputes about the collection of a debt
- auto repair disputes
- disputes with an attorney
Swiftclaim also features an “Other” option. As long as you explain your case, you’re good to go. With our triple-check guarantee, we’ll make sure you do it right!
Yes. Your age is an important part of determining legal liability, defenses, and remedies. So, understanding Age of Majority is important when filing a case in court. While most states recognize an adult person at the age of 18, some parts of the country differ.
In general, filing a claim against an adult in court is most popular. But what if you are dealing with a minor?
Depending on your jurisdiction, minors may utilize the court’s civil process by filing a waiver.
Minors may still be brought to court as named defendants, but rarely have the financial means to produce monies to pay for harm. Keep in mind, parents aren’t responsible for damage done by their minors in most circumstances. On the other hand, in certain states, parents may be liable up to the court’s predetermined dollar amount. Yikes!
Swiftclaim Tip: When making a claim against a minor, name the defendant and their guardian. For example, Darrel Dunn is 16 years old and considered a minor in the state. Darrel’s father is Dennis Dunn. When filing a lawsuit, you may name: Darrel Dunn, a minor, and Dennis Dunn, his Father.