How to Respond to a Small Claims Suit Filed Against Me

Gather evidence to defend yourself against the small-claims summons.

When legal disputes are not resolved, sometimes 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. If you're the recipient of a small-claims summons, you must take actions to defend yourself.

Things You'll Need

• Copy of summons/complaint
• Relevant notes/documents
• Witness list
• Appearance on court date

Instructions

Instructions

1. Review the allegations in complaint/summons. At some point you will have been served with the complaint. The process server may have been a sheriff's deputy or a private process server. Complaints issued from a small claims court are relatively brief, consisting of one or two pages. The complaint/summons will have a date for you to appear in court to plead your defense. Note the hearing date and time on your calendar.

2. Collect all documents relevant to your defense. Go through old calenders. Check old e-mails. Do the best you can to re-create any written records relevant to the dealings with the plaintiff. Assemble all documents that would contradict the plaintiff's allegations. In most small claims courts, no written response will be required. You will appear on the hearing date ready to argue your defense orally.

3. Make a list of all witnesses. Most lawsuits have one or more relevant witnesses. Try to locate any witnesses and discuss with them what testimony they would offer at trial. Any witnesses in support of your defense should give you assurance that they will testify for you on the hearing date. Unwilling witnesses may need to be issued a subpoena by the court clerk at your request. Retain any experts, if necessary, to testify on technical matters that only an expert would be qualified to address.

4. 

   Be prepared to defend your position on the hearing date.

   Appear in court on the hearing date ready to defend your position. At the first hearing date you should have all documents with you to enter in your defense. All relevant witnesses should be present and prepared to testify on your behalf. Sometimes a party will need additional time, and most small claims courts will automatically, as a rule, grant at least one continuance if requested by either party at the first hearing date.

References

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