Small Claims Court Procedures
Small claims court is a special court for disputes concerning small amounts of money. It is generally a less formal court and designed to have procedures simple enough for people to handle their disputes without assistance from attorneys. It is designed to be a fairly quick and efficient method of settling disputes.
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File the Complaint
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Most small claims courts have a form that can be completed so you most likely will not have to write a complaint from scratch. When completing the form, be sure to have the correct name and address for the person you are suing.
Pay the Fee
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There is normally a filing fee associated with a small claims court case. The fee will be due when you file the complaint.
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Service
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The complaint must be served, or delivered, to the person you are suing. You can do this by mailing it to them via certified mail or by paying the sheriff's office to deliver it. You must obtain service on the other party before your case can proceed.
Notice to Appear
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Once the person you are suing is notified of the lawsuit, you will receive a letter informing you of your court date. You must appear on that day for your lawsuit to be heard, so if there is any conflict, be sure to notify the court as soon as possible.
Present Your Case
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When it is your turn, be sure to present all of your evidence to the judge. It is important to be polite and present your side of the story as calmly as possible.
Pay Attention
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Pay close attention to what the judge tells you about your case and what to do after the ruling is handed down. You must follow the court's instructions precisely to best protect your rights and obtain what you are owed.
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