How to Sue in Small Claims Court

Small claims court provides a way for people to resolve disputes through outside intervention of the law without investing a sizeable amount of money in lawyers and court costs. A few examples of lawsuits that wind up in small claims court are damage of property, refusal to pay a debt, car accidents and tenant-landlord disputes.

Difficulty: Moderate

Instructions

1. Research the laws and regulations in your area to see if your claim is suitable for small claims court. Rules vary from state to state regarding the number of lawsuits allowed each year and the monetary limit of each claim.

2. Send a certified letter to the debtor demanding payment before filing a claim in small claims court. This gives the defendant a chance to pay the debt and lets him know that you are serious in your intentions to take him to court. Retain a copy of the letter as proof and bring it with you if the debt is still not paid.

3. Fill out the necessary court forms and file your claim by giving it to the court clerk. Appearing in person and signing the complaint before the court clerk may be required. Fees vary and often depend on the amount of money that the claim is based upon.

4. Serve papers using the sheriff's office or a private process server. The defendant must receive the documents informing her of the lawsuit within a set amount of time and you must retain proof of this for use in court.

5. Familiarize yourself with the court and court proceedings. Since lawyers aren't involved, it's up to you to prepare in every way possible before presenting your case.

Tips & Warnings

• A statute of limitations exists on various lawsuits, so act quickly when filing a claim.
• File appeals quickly if dissatisfied with the judgment since there is a time limit on this as well.