How to File a Small Claims Suit If You're a Minor

In order to file a small claims suit as a minor in most states, a parent or guardian must usually file the claim for you. For certain types of injuries sustained by minors, you have the right to sue for a certain amount of time after you turn 18.

Instructions

Difficulty: Easy

Things You’ll Need:

• Guardian ad litem

Prepare to File a Case as a Minor

1. Ask your parent or legal guardian to represent you in court. In some cases, you may be allowed to find another adult representative. The guardian must file the claim and appear in court.
2. Fill out a Petition for Appointment of Guardian Ad Litem or similar form for your state. A guardian ad litem is an adult chosen to represent a minor in a lawsuit. This form should usually be filed with the plaintiff's claim.
3. File the plaintiff's claim form with the proper court. As a minor, you must adhere to the same procedures as an adult for a small claims suit. Usually a case must be filed where the defendant lives or where the dispute arose.
4. Speak with a lawyer if you're a minor who wishes to sue your legal guardian. An attorney can guide you in the proper direction, which may not be small claims court.

File a Small Claims Suit

5. Fill out the claim form. A court clerk can help you with these forms if you have any questions. Basic information you will need includes the reason for the claim, the defendant's legal name and the defendant's address. As a minor, you must also file a Guardian ad litem form and have your adult representative sign the form.
6. File the form with the county clerk's office. You need to have copies of the claim given to the defendant. The proper paperwork should be included in your small claims packet. Depending on your state, the court may mail the notice or you may have a sheriff's deputy serve the papers.
7. Learn more about small claims court on Nolo's Web site (see Resources below). Nolo offers articles on most forms of disputes and alternatives to going to court.

Tips & Warnings

• Check with your state to see if the statute of limitations allows you to sue after you turn 18 for something that occurred when you were still a minor.
• As a minor with a guardian ad litem, you're entitled to the same rights as an adult in small claims court.
• Choose your guardian ad litem carefully.