How to Respond to a Small Claims Suit

Many people represent themselves in small claims court.

Small claims court is often considered an informal litigation environment. Parties frequently represent themselves in small claims court. Each state has its own rules on what types of lawsuits may be brought in small claims court. Generally, only civil lawsuits involving less than a certain amount of money may be brought in small claims court. If you are served with a complaint and a summons to appear in small claims court, it is important to familiarize yourself with the rules of your local court system.

Instructions

1. Read the complaint and summons. The complaint will indicate why you are being sued. If you are being sued for a particular amount of money, the complaint will indicate how much money. If you are being sued to evict you from an apartment or home you are renting, the complaint will list the reasons for the potential eviction. The summons will indicate the time and day that the lawsuit will be heard before a judge or magistrate. It will also list the courthouse or location where the hearing will take place.

2. Consider your options for disputing the allegations listed in the complaint. Some states provide allow a written answer to the complaint. Consult with someone in the clerk's office of your local courthouse to determine if any particular forms are used for answers to complaints filed in small claims court. If an answer is allowed, determine if it is due by a specific day. Compose the answer. It is important to write clearly the reasons why you dispute what has been alleged against you in the complaint. File your answer with the clerk of court's office by bringing it to them. Make sure you have included the case number on the answer. The case number should be listed on the complaint. After you have filed your answer make sure the plaintiff receives a copy of it.

3. Prepare any evidence you plan to present at the hearing in small claims court. Assemble any receipts, photographs or written evidence needed to prove your case.

4. Go to small claims court on the date and time listed on the summons. Make sure you arrive early to avoid not being present when your case is called. After the plaintiff has presented his evidence, you may present yours.

5. Consider an appeal if the judge or magistrate makes a decision with which you are unhappy. Consult with the clerk of small claims court to determine what is involved in appealing a judgment adverse to you.

Tips & Warnings

• Often an attorney can advise you and/or represent you in small claims court. Additionally, most courthouses have brochures about small claims court you can read to educate yourself about small claims court procedure.

• If you do not appear at your small claims court hearing a default judgment may be entered against you.

References

• California Courts: Self-Help Center -- Small Claims Basics
• Legal Aid of North Carolina: A Guide to Small Claims Court