How Write a Petition for Small Claims Court
Small claims court is designed to be a simple and streamlined version of the normal civil case process. While some of the formalities are stripped away in small claims court, you still must file a petition or complaint. Fortunately, unlike other civil actions, the small claims petition is almost always a standard form you can complete at the courthouse. Each state has its own small claims laws, and the actual small claims procedure could vary by county.
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Instructions
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Find the right courthouse. Just about every state will let you file a small claims complaint in the county in which you reside. You can also file in the county where the defendant lives or does business or where the incident giving rise to the claim occurred. If one of these is in another state, you may consider whether the laws of the other state are more favorable to your claim. Otherwise, simply find the state courthouse in your county.
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Get the petition form from the clerk. Find the small claims division of the courthouse, or the general clerk if there is none, and get the small claims petition. Typically this is a single page form with room on the back to include a description of your claim.
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Answer standard questions. The petition form will include standard questions that are essential to the case such as your correct name and address, the defendant's correct name and address, the amount of your claim and the reason for your claim.
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Provide persuasive facts. While you're not expected to know the law or legal terms when you write a small claims petition, you are expected to know the facts of your case. Without omitting essential facts, in the space provided for the reason of your claim clearly state the basic facts that best support a finding in your favor.
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Attach a separate sheet if necessary. If your explanation of the claim exceeds the space provided on the petition, you can usually attach a separate page. Note, however, that doing so is not necessarily to your advantage. Shorter is better and there will be time to go into all the specifics at the hearing. Only say the minimum necessary to establish your right to a claim.
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Tips & Warnings
Careful word choice is essential when writing a petition for small claims court. Try to say as much as possible in as few words, and don't feel like you have to fill out the form on the spot. Take some time to write out a short statement of the claim and have other people read it over for clarity and meaning. You may check the laws in your state to be sure your claim can be brought in small claims and for ideas about how to word your petition.
At no time in the small claims process should you resort to insults, name-calling or other disrespectful behavior. If the facts truly support your claim, including such language can only hurt your claim.
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