How to Defend Against a Small Claims Suit

Small claims court provides an easy venue to resolve legal disputes with a relatively low monetary value. While the setting may be informal and the forms simple, the case must still be taken seriously. If you are ever sued in small claims court, you must defend yourself as in any other type of court.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Computer with Internet access

Defend Yourself Against a Small Claims Suit

1. Read the suing party's claim and supporting documents thoroughly. Make sure that the suit was filed in the correct jurisdiction and that you were served within the allotted time. Small details like this may make it possible for you to postpone or move the case to a different court, which allows more time for you to prepare your defense.
2. Pick up a copy of Nolo's "Everybody's Guide to Small Claims Court" (see Resources below). This easy to understand book details exactly what you need to defend yourself in small claims court. It also provides a guide if you would like to file a counterclaim against the plaintiff.
3. Prepare your case. No matter how weak the other party's case may be, if you do not go to court with you own evidence and a solid case, the judge may still rule against you. Be sure to bring at least two additional copies of all leases, receipts, bank statements and other written documentation pertaining to your case.
4. Consider filing a countersuit. If you have a claim against the plaintiff, it can be resolved during the same trial. You should file a Claim of Defendant or similar from with the county clerk's office and have the plaintiff served.
5. Show up at court on the day of the trial. While this may seem like obvious advice, if you miss your court date, the judge can rule against you, often giving the suing party everything it asks for. Even if you have no defense, attend the trial and speak with the judge about setting up a payment plan or other alternatives.

Tips & Warnings

• While most states do not allow a lawyer to defend you in small claims court, you may hire one to help you prepare your defense.
• Do not let emotions play a role in your defense. Often times a small claims suit can be intimidating, but try to remain calm, polite and professional while you present your case.