How Do I Take Someone to Small Claims Court?

Filing a small claims case.

If you are owed money by another individual or if a business failed to provide a product or service you paid for, filing a small claims case is an action you can take to recover your loss. The process of taking someone to small claims court in most jurisdictions is not particularly complicated provided you follow the procedures established by law and the court itself.

Things You'll Need

• Documentation supporting your claim (contract, receipt, bill of sale and so forth)
• Standard form petition or complaint

Instructions

1. Prepare an appropriate demand letter to the person you desire to take to court. (State laws governing small claims cases typically require that you attempt a settlement of the case before filing a petition or complaint with the court.)

2. Mail the demand letter by certified mail, return receipt requested. This will provide evidence of your attempt to make contact with the person you intend to sue and that you attempted to settle the matter before going to court.

3. Obtain a standard form petition or complaint from the clerk of the small claims court. Nearly all jurisdictions provide standard forms that are completed by the plaintiff in a small claims case.

4. Complete the petition or complaint by providing all necessary and relevant information requested on the form.

5. File the completed petition or complaint with the clerk of the small claims court.

6. Serve the petition and summons on the defendant (the person or company you are suing). The summons is a document the clerk will give to you when you file the petition which instructs the defendant on what she needs to do to respond to your petition or complaint. You can either have an adult not associated with the case serve the documents on the defendant, or you can have the sheriff's office do it for you.

7. File with the court the "return of service" (if you are having someone you know serve the defendant). This is also a document the clerk will give you at the time you file your case. The return of service advises the court that the defendant received the petition or complaint and summons.

8. Appear at the scheduled court date. The initial court date will be what is known as docket setting. If the defendant fails to appear, you will be granted a judgment. If the defendant appears and agrees with you, a judgment will be granted in your favor. If the defendant challenges your contentions, the court will set the case for a trial.

9. Appear at the trial date. Once again, if the defendant fails to appear or decides to agree with your contentions, you will be awarded a judgment in the case. If the defendant contests the matter, you and the defendant will present evidence, and the court will make a decision.

References

• Everybody's Guide to Small Claims Court, Ralph Warner, 2008
• Small Claims Court: Step-By-Step, Ted Rothstein & Isaac Druker, 1997

Resources

• Small Claims Manual