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Who May Sue?
| What Types Of Cases Are Handled In Small Claims Court?
| Is an Attorney Required?
| Completing the Forms
| Preparing Your Case
| Going to Court | Collecting the Judgment |
Small Claims Court Checklist | Small
Claims Books | Online Self Help |
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Selection Tips | Find
a Lawyer | Filing
Forms
Small Claims Court
 Does someone owe you money? Has your landlord failed to return your security
deposit even though you did not damage the rental property? Did you pay for
merchandise, but the store never delivered it and won't give you a refund? You
may want to consider bringing a lawsuit in small claims court. You may not need
a lawyer and the rules are simpler than in most court proceedings.
Who
May Sue?
Any individual or corporation can sue or be sued
in small claims court. The court may require the appointment of a guardian for
those under 18 years of age.
What
Types Of Cases Are Handled In Small Claims Court?
Is
an Attorney Required?
In small claims court you can handle your personal or business legal
matters without an attorney; however, you can hire an attorney to represent
you if you wish. If the other party has an attorney, your chances of winning
might be better if you also have an attorney.
Completing the Forms
Eight Step Process
- Go to the courthouse. The small claims court clerk will supply you with
the necessary forms (a summons and a complaint form) to begin the lawsuit.
- List your name as the plaintiff. You are the person filing the lawsuit.
- The party you are suing is called the defendant. Make sure you have the
correct name and address of the defendant. If the papers can't be
delivered to the defendant, you might have to start over and pay
additional fees.
- List the amount of money you request as damages.
- Include a brief explanation about why you are suing the defendant.
- The clerk will assign a number to each small claim case. Write down the
number and refer to it in all dealings with the clerk and sheriff.
- If you should change your address after you file your case or your
appearance, be certain to notify the clerk and the opposing party of your
new address. This applies if you change your phone number as well.
- All Small Claims Court sessions are open to the public. You may attend
any of these courtroom proceedings to familiarize yourself with the
procedures.
After completing the forms, they must be filed with the court. You will be
charged a filing fee which differs from county to county. The filing fee
must be paid in advance.
Copies of the forms must then be "served on" or delivered to the
defendant. Many counties allow service by regular or certified mail if the
defendant lives in that county. The court will mail the forms for you, but
will require a fee for this service.
Preparing Your Case
In preparing your case, keep in mind that your proof must be more convincing
than the other side's evidence. Consider the following:
Think about how you are going to prove the defendant owes you money. Start
by making a detailed list of what happened so that the facts are clear in
your mind.
Gather all written information and paperwork that pertains to the
situation--contracts, rental agreements, receipts, order forms, warranties,
cancelled checks or credit card statements.
Talk to people who may have witnessed important aspects of the dispute.
For example, if you are suing your landlord for the return of your security
deposit, ask a neutral person to testify concerning the condition of the
rental unit when you started renting and when you left.
If you are suing on the basis of defective merchandise or faulty repairs,
it may be very helpful to have an expert witness testify on your behalf. You
might present a notarized written statement from an expert concerning the
nature of the defect and the decrease in value due to the defect. However,
if it becomes necessary to go to trial, you'll have to get the witness to
testify in person. Full-time mechanics with several years of experience
qualify as experts.
Going to Court
After your claim is filed, the court will probably set a date to review the
facts in your case. Many small claims court cases are settled at this time, so
come prepared to argue your case. All cases are heard by a circuit court judge
and will be decided by the judge if both parties cannot reach an agreement.
Collecting the Judgment
If you win the case, ask the court to include court costs and any money
you spent as part of the settlement. The court can require reimbursement for
such fees as: the money paid to file the action, the cost to have the
summons and complaint mailed or personally served, as well as any attorneys'
fees.
A judgment will be entered in court stating what the opposing party owes
you. In many cases, the opposing party will pay the judgment immediately. In
other instances, you may find it necessary to take further informal action
or consult an attorney who can proceed with more formal legal steps to
collect the debt. The court will not force the defendant to pay what is owed
you.
The court will order the debtor to provide a disclosure statement to you
or to the clerk of the court within 15 days of entry of the judgment. The
statement must contain the debtor's name and address, his or her employer
and the employer's address, any real property owned by the debtor, cash on
hand and financial institutions in which the debtor has funds.
If you are unable to satisfy the judgment by contacting the other party,
contact the clerk of the court that heard your case. From the clerk, you can
obtain the forms necessary for garnishment proceedings--if the other party
receives wages or has bank accounts.
Remember, there is always the possibility that the small claims court will
not rule in your favor. Carefully consider all your options before
proceeding with a lawsuit. If you do decide to bring a lawsuit in small
claims court, prepare carefully to increase your chances of success.
Small Claims Court Checklist
Checklist for Plaintiff
- Contact the other party to discuss and try to resolve the problem.
- Try mediation or other informal dispute resolution services.
- Familiarize yourself with Small Claims Court procedures.
- Determine exact amount in dispute.
- Identify court where venue is proper.
- (a) File claim form and pay filing fee (Form: Plaintiff's Claim and Order
to Defendant), or (b) if you are a business, file Fictitious Business Name Declaration if
appropriate.
- Arrange for service of process on each defendant (Make sure Proof of
Service form returned to court before hearing; make sure minimum days of
notice met).
- Prepare for court (organize thoughts, collect evidence, talk to
witnesses).
- Keep communication open; try to resolve dispute with other party before
hearing.
- If possible, attend a court hearing in the location where your
hearing will take place to observe the process.
- Attend hearing and present your case.
Checklist for Defendant
- Contact plaintiff to discuss and try to work out dispute.
- Suggest or agree to try mediation or other informal dispute resolution
methods.
- Familiarize yourself with Small Claims Court procedures.
- If you have a claim against the plaintiff, consider resolving it at
same hearing (File: Defendant's Claim and Order to Plaintiff).
- Prepare for court hearing (organize thoughts, collect evidence, consult
witnesses, etc.)
- Keep communication open; try to resolve dispute before hearing.
- If you owe something, try to either pay it or work out payment plan before
hearing.
- If necessary, ask court to postpone hearing to let you and plaintiff
resolve dispute informally.
- Try to avoid court judgment from being entered against you, since it may
appear on your credit record.
- If possible, attend a court hearing in the location where your
hearing will take place to observe the process.
- Attend hearing and present your defense.
Small Claims Court Filing Forms
Small Claims Books
General Small Claims Information Books
Audio and Video Small Claims Resources
State Specific Small Claims Court Books
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