How to Prepare to File Suit in Small Claims Court

The small claims court has jurisdiction over civil cases where the plaintiff is seeking an amount under the state's limit, which runs the gamut from $1,500 in Kentucky to $15,000 in Tennessee, Delaware and Georgia. If you decide to pursue a case in small claims court, you give up all rights to a jury trial, so prepare your case properly before you file.

Things You'll Need

• Computer with Internet access to research local regulations
• Evidence of your claim

Instructions

Prepare to File a Small Claims Suit

1. Try to reach a settlement before you file your suit. You must make a reasonable collection or resolution attempt on your own and be prepared to provide proof of that in court.

2. Gather necessary evidence to substantiate your claim. Depending on your specific case, you will need receipts, estimates or quotes for repairs, photos, witness testimony, bank statements and contracts. Bring at least three copies of all documents to court (one for you, one for the judge and one for the defendant). In some states, you must submit written documents with your original claim.

3. Find the defendant's current address. In order to serve the person you are suing in small claims court and to collect your judgment, you must provide his or her current contact information. If the defendant cannot be served, the case will not move forward.

4. Head to the courthouse to observe a few small claims cases. This may help you better prepare your own suit and will familiarize you with courtroom procedures.

5. Consult a lawyer or legal center. While an attorney is not permitted to represent you in most small claims courts, you may want to hire one to help you prepare.

6. Research your state's specific laws at the National Center for State Courts (see Resources below). The Small Claims State Links page provides links to official state and county Web sites.

Tips & Warnings

• If you are being sued in small claims court, you have the right to countersue the plaintiff. For the most part, the same rules and regulations apply as if you had filed the initial suit.

• Always keep copies of important receipts and contracts. If you have accurate records, you will have an easier time if you ever need to prepare a small claims suit.

• Within each state, each county may have slightly different laws and methods for filing your case, so check with local courts early in the process.