How to Prepare for an Appearance in Small Claims Court

While small claims court is generally less formal than justice court, you should still prepare for your appearance before the judge. You will need to gather your evidence, plan your presentation and appear confident in court.

Instructions

Difficulty: Moderately Easy

Things You’ll Need:

• Professional outfit
• Copies of all documents

Prepare for Your Small Claims Court Appearance

1. Keep all documents pertaining to collection of the debt or settlement of the dispute before you filed a small claims suit. Most judges look favorably upon documented proof of your collections.
2. Collect all the evidence that pertains to your claim. Gather all written documents such as contracts, leases, receipts, bank statements and canceled checks. Be sure to make at least three copies of each document and take them, along with the originals, to court.
3. Check the online resources for your court, which can be found by using the links provided by National Center for State Courts (see Resources below). Most states provide a guide or overview that prepares you for court.
4. Meet with a lawyer to discuss your case. An attorney can help you file your initial complaint form, prepare a presentation and help find additional evidence. While he or she cannot represent you in court in most states, it is still a good idea to have a legal professional help you prepare.
5. Spend a day or two observing small claims cases. Becoming familiar with court procedures will help you prepare a better case and make your appearance less nerve-racking.
6. Plan your presentation and practice it. You do not want to bog the judge down with a long drawn out story. Be concise, making sure to include all the details that a person not involved in the dispute needs to know. Practice what you will say in front of a friend who is not familiar with all the details to confirm that you are being clear.

Appear in Small Claims Court

7. Dress appropriately for your appearance in small claims court. Just because the proceedings are more informal does not mean your attire should be.
8. Get to the court early so you are more relaxed when your case is called. Missing your trial could mean an automatic judgment against you, or the case may be dismissed.
9. Bring records of any court costs or legal fees you have incurred. After you present your case, ask the judge to add out-of-pocket expenses to your award. In most states, you are entitled to these costs even if they go beyond the judgment limit.

Tips & Warnings

• A settlement can be reached any time before the hearing date. Try keeping discussions open with the defendant to help avoid an appearance in court.