How to File Small Claims Cases

Small claims courts allow people to represent themselves.

Individuals and business entities have legal disputes everyday. Unfortunately, sometimes the matter is not resolved and the matter ends up in court. Many disputes involve a nominal amount of money or damages. All states have small claim courts where minor disputes can be resolved. Small claims courts are an effective means to resolve these minor disputes without a lawyer or a jury.

Things You'll Need

• Complaint form
• Summons
• Filling fee

Instructions

1. 

   A small claims court clerk can be helpful.

   Locate and then visit the small claims clerk's office. Ask the clerk for the one or two page form used to prepare most small claim complaints. The clerk is not allowed to give legal advice. However, most clerks will assist in giving basic filing instructions. Make sure that the small claims court has jurisdiction over the subject matter of the claim and the defendant.

2. 

   The complaint should spell out the claim

   Prepare the complaint form properly. The complaint form will have a section where you will explain your cause of action. Most complaint forms will require the same basic information. You will need to include the full name and address of the defendant. You must include the date of the alleged wrongful act, and some specifics about the claim at issue. List all out-of pocket expenses asserted. Some courts may allow you to attach certain exhibits, such as medical bills, repair cost or the written contract at issue.

3. 

   Once your complaint is filed the defendant will be served with a summons.

   File the complaint and have the court clerk issue a summons on the defendant. You will have to pay the standard filing fee to the court. The complaint and summons will go to a sheriff's deputy for service upon the defendant, or you can retain your own process server. A list of private process servers are usually available at the clerk's office. The initial hearing date is usually listed on the face of the summons.

4. 

   Make sure all your proof is admissible.

   Prepare your evidence for trial. At the hearing date the judge will expect you to be prepared to present all the evidence to prove your case. You need bring to court all relevant documents that you plan to enter as evidence. Make sure all witnesses are present to testify. You may need to subpoena certain witnesses, and this can be done by filling out a subpoena with the same court clerk, and the subpoenas will likewise be served on the witnesses requiring their appearance on the court date.

Tips & Warnings

• Even though all states have small claims courts, each state's rules and procedures are somewhat different. Make sure all your proposed evidence will be admissible. The rules of evidence vary from court to court.

References

• Mike Frayser, JD; Attorney; 813 Catbird Lane, Suite Three., Memphis, Tennessee