How to File Lawsuit in Small Claims Court

Small claims court is an opportunity to have your case heard with fewer formal requirements than a standard court. Though the money amount you can sue for is limited -- typically around $5,000 -- small claims court is ideal for plaintiffs who have a simple claim needing prompt adjudication.

Difficulty:

Moderately Challenging

Instructions

Things You'll Need

• claims form
• checks
• money
• internet
• TV

1. Determine the person you believe is most responsible financially for your injuries or damages.

2. Do every possible effort to resolve your issue with your defendant. Write a detailed letter to your defendant revealing your intentions of filing a petition in the court. Also write in details about the compensation that you will be claiming in the dollar amount. Give the defendant an option of settling the case outside court. He should have an incentive of paying less money outside the court.

3. Download state-specific claim forms that you would need to fill out and submit to the clerk's office. Most of the forms are available online, but some jurisdictions may require you to pick up the forms in person.

4. Make sure all your paperwork is complete and correct. If any of the information is missing, your entire package will be returned and you will have to file again. Call the clerk's office to make sure you have everything that is required.

5. Have the court serve the defendant. You may pay to have the summons sent via certified mail or by the sheriff's office.

Tips & Warnings

• Rehearse for the court day thoroughly

• Be on time

• Be nicely dressed

• Be very professional when talking to the judge

• Do not interrupt while the defendant is presenting his argument, you will get your turn

• If you don't win your case you might be responsible charges that your defendant's incurred while defending himself in the court. The defendant is entitled to pay a court fee after he receives the summon. This amount would automatically be debited to you if you loose the case.

• You may also be subjected to 'counterclaim' as explained above.

References

• Oregon State Bar: Small Claims Court