How to File a Lawsuit in Small Claims Court
Small claims courts are courts of limited jurisdiction that handle cases filed for relatively small amounts of money on cases including contract disputes, debt collection, disputes about repairs or services provided, and even landlord/tenant issues. In many states, the small claims court does not allow representation by attorneys.
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Things You'll Need
- The basic facts of your case and the amount of money that you think is due to you
- The ability to fill out basic forms
Instructions
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Determine the amount in controversy. You are only allowed to file a lawsuit that falls at or below the dollar limit of the court. Each state has different jurisdictional limits, but they generally range from $3,000 to $10,000. You can find out the amount for your state by either calling the county clerk for your county or looking it up online through your county court system website.
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Ensure your matter falls within the jurisdiction of the court. If this is a case having to do with divorce, guardianship, name changes, bankruptcy or custody, then this is not the court for you. Also if your case has to do with the Federal Government or an employee of the Federal Government acting in their official duty, you cannot use small claims court.
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Confirm the statute of limitations. Every action in law, with the exception of a few criminal charges, has a statutory period in which it must be filed or else it is legally barred. Each state has very specific statutes of limitation for every kind of legal action.
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Go to the small claims courthouse. The court clerk for your county is usually located either in the court house. That is where you will be filing your small claims forms. Usually the forms you need will be preprinted fill in the blank forms, and often one of the clerks can help you with technical questions for filling out the form. You will need the name and address of who you are suing. The lawsuit will have to be served by a process server. Some states have the sheriffs serve process, and some will want you to pay a private process server to do it. You will have to pay a filing fee for filing your lawsuit.
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Gather all evidence and witnesses for trial. Before you have your day in court, gather any contracts, written agreements, photos, witness statements, letters from experts, estimates or any other evidence that you will use to prove your case. Take the time to write out an outline of what evidence you want to present to the judge and how it supports your case.
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Present your case in court. You as the plaintiff will go first. This is your chance to tell the judge why you are there and what you want and why. Keep to the relevant facts and stay calm, respectful of all parties and organized. At the end of the evidence, the judge or magistrate will tell you his decision.
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Tips & Warnings
The other party may file a counter lawsuit, if they feel that they have a claim against you.
Try to handle the issue out of court before resorting to legal action.
THIS IS NOT LEGAL ADVICE. IF YOU ARE CONFUSED ABOUT YOUR LEGAL RIGHTS OR THE BEST ACTION TO TAKE IN YOUR CASE, CONSULT A QUALIFIED ATTORNEY IN YOUR AREA.
