How to Understand Small Claims Court Procedures
While small claims court procedures differ depending on the state you live in, there are some basics to understand. Since you most often defend yourself in small claims court, you should prepare as much as possible before you file a claim or appear in court.
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Instructions
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Understand the Procedures of Small Claims Court
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Read as much as you can about small claims court before you get started. Nolo offers a great series of legal guides, including "Everybody's Guide to Small Claims Court," which provides detailed guides on preparing your case, filing it and collecting your judgment if you win (see Resources below).
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Check out Consumer Affairs online for information on small claims court procedures (see Resources below). The Web site offers easy to understand answers to the most common questions about small claims procedures.
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Ask a layer to walk you through a small claims case. Most family lawyers have experience in small claims court, so that may be a good place to start. They can always refer you to a specialist if one is needed.
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Browse forums relating to the claim you wish to file in small claims court. You can bet that someone, somewhere has gone through a similar case and is willing to share his or her experience. Tenant law, credit rebuilding and real estate forums are a good place to start (depending on your claim, of course).
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Head to Nolo's Web site for step-by-step guides on how to prepare your own case and represent yourself in court (see Resources below). The Consumer Rights section provides assistance with just about any type of dispute.
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Attend a session of small claims court. The best way to understand court procedures is to see them in action. You should also pick up the necessary claims form from the county clerk's office to see exactly what you need to get started with your case.
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Tips & Warnings
Visit the superior or justice court Web site for the county you live in. Almost every county in the United States maintains at least an informational site with local procedures for small claims court.
Make sure you keep copies of communication or contracts. In small claims cases, the defendant has the right to counter sue, meaning you will have to prepare a defense as well as prove your case.
