How to Fight a Small Claim in Court

Small claims court is available for people who have less than $10,000 in damages. Being a defendant in small claims court may be a scary thing, but if you are well-prepared and professional, you can fight your case and possibly have the judge rule in your favor. The following steps will help you fight a case in small claims court.

Instructions

1. Write out a clear statement in your defense. Be sure to include all the details and information that is relevant to your case. Go over your statement and ensure all dates and times are accurate.

2. Gather documentation including receipts, written agreements, contracts, checks, and estimates. If you are filing a counter-claim, you will need to provide proof for you case.

3. Provide witnesses. Choose intelligent witnesses with a good memory and the ability to speak in public. Family members and friends are fine, but strangers or people who take no interest in the case will be given more credibility.

4. Subpeona any witnesses who refuse to show up in court. Speak to the county clerk and pay the required fee.

5. Prepare what you are going to say in court. Create an outline of your speech, focusing on important information that is relevant to the case.

6. State your case in court. It is very important to remain calm and state only the facts.

Tips & Warnings

• Do not speak over the judge or argue with the plaintiff. This could cause the judge to hold you in contempt of court.