Filing Guidelines for Small Claims Court

Small claims cases allow suits for amounts under $10,000.

Every state allows you to bring an action in small claims court for the recovery of a monetary amount normally under $10,000. Most small claims cases involve suits for repayment of damages caused by another, unpaid bills and car accidents damages that were not settled. Emphasizing the "people's court" aspect of most small claims courts, filing procedures are straight-forward and can be accomplished without the need of an attorney.

Instructions

1. Determine the appropriate court in which to file your small claims case. Generally small claims are heard in the district or municipal court of the county/city where your opponent resides or where the incident leading to the claim occurred.

2. Contact the clerk of the court and obtain a "petition" or "complaint." Many courts provide these forms online for download. For other courts, however, you may need to obtain the forms personally from the clerk's office.

3. Complete the petition as instructed. Generally, a petition will ask for a brief description of your claim, the amount your seeking from your opponent, the name and address of your opponent and your signature.

4. File the petition along with any applicable filing fee with the court clerk. Generally, after a quick review of your petition by the clerk for any filing errors, you will be give notice of your hearing date. Notice will include the exact date, place and time of your hearing.

5. Serve notice of the hearing upon your opponent. Service can be accomplished by your local Sheriff's Office for a fee. You may also pay a professional private service process agent, or have any adult over the age of eighteen deliver notice. Some courts will even allow you to accomplish service by sending notice to your opponent via certified mail. Most importantly, the law forbids you or anyone who is a party to the lawsuit from delivering notice.

6. Attend the hearing. At the hearing you will be able to tell your side of the story using your recollection of events, testimony from any witnesses that were present during the incident and any pertinent evidence that you may have obtained. You opponent will also have a chance to tell her side of the story. Once each side is heard the judge will make a decision.

References

• King County Bar Association: How to use Small Claims Court
• Oregon State Bar: Small Claims Court
• California Courts-Self Help Center: Small Claims Court