How to Collect Rent Money in Small Claims Court
Small claims court is a venue for litigants who are seeking to recover an amount under civil court limits; this amount ranges from $3,000 to $10,000 depending on the state in which the action is brought. For instance, in Florida, small claims cases have a limit of $5,0000, while in New York state, small claims have a $7,500 limit.
To collect unpaid rent in a small claims court, you will need a copy of the lease agreement and supporting documentation to show the rental agreement was not honored by the tenant.
Other People Are Reading
Instructions
-
-
1
Visit the small claims court in the jurisdiction of the rental property. Each small claims court will have its own filing procedure and schedule of fees. In many cases, court clerks can assist plaintiffs. They also may have brochures on hand with instructions for filing the lawsuit, paying the filing fee and scheduling a court date.
-
2
Gather all documentation related to the case. This will include but is not limited to: the rental agreement, any damage reports and/or photos, late notices and eviction notices. Any other supporting documentation, such as letters sent to the tenant, reminder notices or notices to pay or move will also be needed.
-
-
3
File your case in small claims court. Referring to the small claims court brochure or procedure guide, complete all required documents and make copies of each for your records. Pay any filing fees. Fees generally range from $25 to $50 for the first defendant, and there are small surcharges---$2 to $10---to add additional defendants.
-
4
Serve the defendant. Inside the small claims court brochure or procedure guide, there will be instructions and/or options for serving the defendant. In many jurisdictions, a plaintiff can pay a fee to the county sheriff's office, and it will serve the defendant properly.
The defendant will have a responsibility to respond to the small claims lawsuit. In the event he does not, a plaintiff may be awarded a summary or default judgment.
-
5
Appear in small claims court. On the scheduled court date, appear in court with all the documentation that you have gathered. In most jurisdictions, attorneys are not allowed to represent plaintiffs or defendants in small claims court but can be sought for advice prior to going to court.
Generally, the judge presiding over the case will ask the plaintiff to state her case and will ask the defendant for his position and then makes a ruling based upon the testimony and evidence heard in the court.
-
1
Tips & Warnings
Attempt to mediate the case before going to small claims court; in some jurisdictions, this is a requirement before taking a case to small claims court.
If the defendant is not served notice of the small claims lawsuit properly, the case will likely be dismissed.
References
Resources
- Photo Credit courthouse image by Michael Shake from Fotolia.com
