How to Sue for Damages in Small Claims Court
Small claims court allows people to resolve disputes without the need for attorneys and without the debilitating legal fees. Small claims court awards monetary damages to the petitioner instead of jail time. Examples of small claims lawsuits include unpaid debt, property damage, car accidents and landlord-tenant disputes. Since small claims lawsuits are conducted without the advisement of an attorney, it's especially important for you to learn as much as you can about seeking damages in court and how to win.
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Instructions
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Research the regulations and laws in your state. Laws vary from state to state on the amount of damages you can seek and how many lawsuits you can file each year.
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If this is a non-payment issue, send a certified letter to the debtor. Demand in the letter that the debtor send payment. Make them aware that you have serious intentions to take them to small claims court if they refuse to pay. Keep a copy of the letter and the return receipt to take with you to court.
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Complete the necessary court forms and file your lawsuit with the court clerk. Some states require you to sign the complaint in person before a court clerk. Court fees vary and are generally based on the amount of damages you seek.
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Serve papers to the person you are taking to court using a private process server or the sheriff's office. The defendant must receive notice of a lawsuit within a certain time period as established by your state laws. The document tells the defendant of the pending lawsuit and the date to appear in court.
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Familiarize yourself with the details of your case as well as court proceedings and etiquette. Since attorneys are not involved, it's your responsible to learn how to defend yourself in court and feel confident when addressing the judge. Address the judge as "Your Honor" and only speak when spoken to. Never shout or yell at the defendant or the judge. Showing sincere respect for everyone in the courtroom helps you stay focused on your case and earns the respect of the judge who ultimately makes the final decision.
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Tips & Warnings
Act quickly if you want to file a claim or appeal a judgment because statute of limitations exist for most lawsuits.
