Legalities

Legalities, a weekly column that appears in the Help section of the Southern Illinoisan, is a free service of the Self Help Legal Center. You can visit the Southern Illinoisan website at: http://www.southernillinoisan.com

Q: My ex-boyfriend destroyed some family pictures that belonged to me. I have asked him to replace these pictures, but he refuses. Can I take him to Small Claims court and have him ordered to replace these pictures? Do I need an attorney to do this? Will it go before a jury?

A: While you can take him to Small Claims court, he cannot be ordered to replace your family pictures.

Small claims court is a division of the Illinois court system which is reserved for complaints which involve an amount of $5000 or less. The only relief that you can get from Small Claims Court is a judgment for money. As such, you need to determine how much these pictures were worth and sue your ex-boyfriend for the monetary value of the pictures. In most cases, the value of a stolen or damaged item is what it would cost to replace the item.

The procedure for small claims court is simple and informal so people can sue on their own behalf without the assistance of an attorney. Keep in mind, however, that just because you don't have an attorney does not mean that the person you are suing cannot have one. Small claims cases are more like informal hearings. The judge can relax the rules of procedure and evidence, can call any person present to testify, and can actually participate in the direct or cross-examination of witnesses.

A person can have a jury in small claims court if he/she requests it at the time they file their complaint, or, if they are the defendant, at the time they show up to the first scheduled hearing on the plaintiff's complaint. A party demanding a jury must pay a fee to get one.

If you are looking for relief other than money, then you cannot pursue your claim in Small Claims Court. Keep in mind, however, that pictures are usually items that cannot be "replaced" because the events or people in the pictures have changed or in some cases, no longer exist. Consequently, money may be your only relief regardless of what type of case you file.

If you would like to find more information about Small Claims Court, you can download forms and information from our web site at /selfhelp. When visiting the website, click on the Court logo.

Do you have a legal question? Write us at Self Help Legal Center, SIU School of Law, Mailcode 6804, Carbondale, Illinois or e-mail us at selfhelp@siu.edu. Not all questions will be answered and may be edited for space or content.

Legalities is written by the Self Help Legal Center, a public service of the SIU School of Law. The Self Help Legal Center cannot provide legal representation. It can, however, help you find the answer to your legal problem. This column is for general legal information purposes only and the advice given in this column may not apply to your situation. For specific legal advice about your situation, you should consult an attorney licensed to practice in Illinois. This column is not meant to give legal advice and does not create an attorney-client relationship.