How to Write Small Claims Statement of Claim
When you file a small claims case, the court clerk will ask you to write a statement of claim. This statement describes your purpose for filing in a clear, thorough and concise format. It will be reviewed by the judge before and during the hearing. You should also keep your copy of the statement of claim handy and review it right before the case is heard so you do not forget what you wrote or appear deceptive while talking about your situation in court.
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Instructions
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Write your full name and address and the name and address of the person you are suing. If this is a claim against a business, you must get the complete and correct address of where the company does business in your area or the company headquarters for a major corporation.
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Tell the date and time of day that the loss occurred. If this is for an unpaid loan, include the date that you entered into the agreement and the date the person officially defaulted on the loan, causing you to take your complaint to small claims court.
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Talk about how the person came to owe you the amount you are suing for. For instance, if this was a car accident, give a full explanation of how the other person is responsible and include a diagram if there is room on the form. If this is a claim against a company that took your money but did not deliver what you paid for, describe the type of item or service you purchased and precisely how the company failed to meet your expectations.
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Describe what you have done to recover the amount owed to you. For instance, you can write that you attempted to contact the other party over the phone on three separate occasions (include the dates) and were unsuccessful in collecting the amount owed.
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Give a detailed, itemized list of the costs that you are trying to recover as well as the total amount that you want to recover, except for your court costs, which will be added to the judgment balance if you win.
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Sign the bottom of the statement of claim in the presence of a notary or the court clerk.
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Include any police reports, witness statements, signed agreements and additional written proof of your claim with the statement.
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Tips & Warnings
If the other party decides to settle with you rather than make his case in court, wait to receive payment before contacting the court to cancel the claim "without prejudice," meaning that you can reopen the claim if the other party's check bounces or something else goes wrong with your new agreement.
Ask the court clerk for help if you are confused. She can't give you legal advice, but she can give you an overview of how to fill out the form.
