How to File a Law Suit in a Small Claims Court

Each state has its own rules governing small court claims.

Most states have small claims courts that allows people to file lawsuits without an attorney. Though the rules governing the use of courts differ widely between states, you can generally file your own small claims court case as long as you meet the legal requirements. Unlike other cases, small claims courts typically require that you do not have an attorney and cannot use one when filing a lawsuit.

Instructions

1. Research the law. Small claims courts have simpler processes and procedures than other courts, but still require you to comply with specific rules. The simplest way to find out about the small claims court in your area is to contact your local county courthouse and talk to the clerk of the court. Some courthouses have specific clerks dedicated to small claims, while others do not, so you will have to find out the correct person to talk to.

2. Draft your petition. Whenever you file a lawsuit you must ask the court to grant you a judgment awarding you money or some other form of legal satisfaction. This is typically done through a written document called a complaint or a petition. In small claims courts, you can usually get a copy of a blank petition from the court clerk and fill out the required information. You must include such information as the names of the parties involved, the amount of money you are asking for and the nature of your claim.

3. Prepare the summons. Whenever you sue somebody, you must make sure that the person or organization you are suing receives a copy of the lawsuit. This is done through service of process, and you must be able to prove to the court that you have done it correctly. Depending on the rules of the small claims court where you live, you may have to serve process through the mail or ask the court or the local law enforcement agency to do it on your behalf.

4. File the documents and pay the filing fee. Once your petition and summons are prepared, you must take them to the courthouse and file them with the clerk of the court. You also must usually pay a filing fee when filing any small claims lawsuits, though if you are unable to afford this, you can ask the clerk for a waiver due to economic hardship.

Tips & Warnings

• Research before you file. Small claims courts typically only allow lawsuits for less than a specific dollar amount. This means that if you file a claim in small claims court, you can only receive damages up to the allowable amount. If your case involves damages more than this amount, you will not be able to recover the total amount you are owed.

References

• New Jersey Judiciary: Small Claims
• State of Connecticut Judicial Branch: Small Claims

Resources

• Nolo: Small Claims Court