Discover the legal procedures for bringing a lawsuit in small claims court.
Small claims courts generally adjudicate small monetary issues, as well as evictions and property claims in a few jurisdictions. The specific guidelines for small claims court differ by state. However, the technique is essentially the same regardless of where you are. This summary will give you an idea of what to anticipate if you file a small claims court lawsuit.
Attempt to resolve the matter outside of court. Many states will need you to sign an Affidavit saying that you made an honest attempt to collect the claim.
Contact the county clerk in the small claims court district nearest to the individual you are suing’s home or company. You may be permitted to suit at the place in your state where the contract was signed if the defendant has no interaction with your state, but you must normally sue in the state where the person you are suing resides or conducts business. Out-of-state small claims cases may be costly and time-consuming.
Fill out a complaint form, sometimes known as a “Statement of Claim,” and pay the filing fee at the clerk’s office. The form normally requests the type of your claim, the amount you want to sue for, and any documents you intend to submit as proof. Fees vary per jurisdiction, but commonly range from $15 to $100.
Send the defendant your “Statement of Claim” paper. At your cost, you may have the sheriff or a private process server serve the paper. The court clerk will provide you with further information on the service procedure.
In most cases, the individual you are suing has twenty days to respond to your claim. (thirty days if he or she resides out-of-state). Several things may happen at this time:
You may get payment from the person you are suing. If this is the case, you should tell the court that you want your case dismissed.
It is possible that the individual you are suing will not answer. If this is the case, you may submit a notice of default, asking the court to award you a default judgment, which means you automatically win and may collect money owing.
The defendant in your lawsuit may submit a counterclaim. You will have twenty days to respond. Otherwise, your lawsuit will be dismissed.
In many places, you and the individual you are suing must appear before a judge for a preliminary hearing to decide what happens next. The defendant may settle the lawsuit now. If the defendant does not comply, the judge may order mediation or agree to allow the case move to small claims court.
If the matter proceeds to small claims court, both you and the defendant will have an opportunity to present your sides of the story. You must both swear an oath to speak the truth.
You will make your case first. The court has seen hundreds of instances similar to yours and has no reason to assume your narrative is genuine just because you say so. You must provide compelling proof to support your claim. Explain in simple terms what transpired to give birth to your claim. Then specify how much money you want. Bring any papers and witnesses to support your argument. If the judge has any questions, he or she will raise them.
The defendant will offer his or her side first. The judge will interrogate you. You are also welcome to ask questions. If you feel the defendant is not speaking the truth, ask questions that will disclose the facts.
The judge makes a decision after hearing all sides of the tale. If the judge needs additional time to think about the case, he or she will notify you when you may anticipate a decision.
It is your obligation to recover the money owing if you win the lawsuit. The court cannot help you with this.
