How to Commence and File a Small Claims Lawsuit
A small claims lawsuit is an action in which you, the plaintiff, files a complaint against the defendant either for money, eviction or return of property. States cap the amount of money you can obtain in a small claims action at typically around $5,000.
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Instructions
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A Small Claims Summons and Complaint form can either be obtained on your local county government's website or personally at the clerk's office at the courthouse. There usually is not a fee for obtaining the form, but there will be a fee to file the document.
At the top of the Small Claims Summons and Complaint, fill in your name and address as the plaintiff. Include the defendant's name and address.
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Fill in a brief description of your complaint against the defendant. If you feel it is relevant to your case, attach supporting documentation. If you are a landlord, you may wish to attach a copy of the lease with your tenant and any written notices to vacate the property which you previously served on your tenant. The document will then need to be signed and dated by you. Check if the form needs to be signed in front of a notary public.
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Take the document back to the courthouse to file it. The clerk will provide you with a date and time for the hearing. The Small Claims Summons and Complaint will now have to be served upon the defendant. If there is more than one defendant, each defendant will have to be served. Ask the clerk if there are private process servers in the area. If not, you can take the form to the Sheriff's Department's Civil Process Division. Make sure you obtain an Affidavit of Service from whomever is serving this document upon the defendant. The Affidavit will need to be filed with the court prior to the hearing in this matter.
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Tips & Warnings
Make sure you have sufficient copies of the Small Claims Summons and Complaint. You will need one for yourself, one copy for each defendant, and one copy for the process server to attach to their Affidavit of Service.
You will need proof of service upon the defendant. If service of the Small Claims Summons and Complaint cannot be obtain prior to the hearing date, you will need to ask the court for a new hearing date to allow time for service.
References
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Comments
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Not sure the credentials of the writer of this article but small claims is NOT where you file for an eviction. Perhaps these articles shoudl be fact checked.
