How to Collect on a Debt in Small Claims Court

Collecting on a debt can be a frustrating experience. Luckily, small claims court offers a user-friendly venue for presenting your case to the court and obtaining a judgment in your favor. Because small claims court is limited to claims under a certain amount of money, it is generally the preferred method for an individual to seek collection of a small debt without having to resort to hiring an attorney.

Instructions

Difficulty: Moderate

1. Go to the court in the district where the debt arose. Confirm that the amount of your debt is within the jurisdiction of the small claims court.
2. Request a Small Claims Handbook from the clerk's office. Read the handbook and familiarize yourself with the small claims court rules.
3. Prepare a summons and a complaint setting forth, simply and clearly, the circumstances giving rise to the debt. State the name of the debtor, the amount of the debt and the date the debt was incurred. Sign the complaint and attach any necessary documents in support of your claim.
4. Follow the small court rules for serving the summons and complaint on the debtor. Attach any other forms or information requested by the small claims court in your jurisdiction. File all forms with the clerk of the court.
5. Appear in court on the date directed by the court. Be prepared to testify in support of the statements made in your complaint. Present any witnesses on your behalf or any other evidence in support of your claim.
6. Request execution and garnishment forms following the ruling. These forms will allow you to seek court assistance in collecting the debt in the event the debtor refuses to pay the debt after judgment has been entered.
7. Decide whether you want to execute on the debtor's property or wages depending on what you know about the debtor's assets--in the case of the debtor refusing to pay. Fill out the forms as directed by the small claims court. Again, follow the small claims court rules for service on the debtor.

Tips & Warnings

• It may be helpful to speak with an attorney if the debtor disputes the debt or if you have questions regarding the small claims debt collection process.
• You should also record your judgment in the recording district in which the debtor resides as a lien against any property the debtor owns or may own in the future.
• Visit the website of your judicial district for local forms, pamphlets and any additional information specific to how to collect a debt in the small claims court in your jurisdiction.