Tips on Filing in Small Claims Court

Small claims court is an inexpensive way for litigants to resolve some cases.

Small claims court allows parties to seek a judicial remedy when negotiations or communications have broken down. Damages in small claims court are limited to $2,500 to $20,000, depending on the jurisdiction. Cases that are usually heard in small claims court involve fender benders, property damage, landlord-tenant issues, personal debt or breach of contract.

Consult an Attorney

An attorney may provide assistance with stating legal arguments and in determining the amount of money you should ask the court for. Many courthouses provide assistance for free at the law library or have a pro se (self-representation) attorney assigned to specifically help people representing themselves. Your local bar association may also have a pro bono section, which provides people with free legal assistance.

Be Organized

An organized legal argument assists the court in understanding the issues before it. The argument should include how the relationship between the two parties began; the agreement that the parties had or details of the incident that led to the need to file with the small claims court; if applicable, any documents that have been exchanged between the parties and are relevant to the case; and a time line of the relevant events relating to the case.

Present Evidence

Detailed information that substantiates the amount the party is requesting helps the court determine whether the party has a lawful claim. Bills, receipts, canceled checks, copies of contracts and written agreements, photos, estimates, accident diagrams and copies of correspondence between the parties all help the court see the whole picture of the case and determine the monetary award.

Practice

Practice the arguments that you plan to make before the court to work out any confusing details. Practice also helps you work through the organization and verbalization of your arguments. It may also help you anticipate arguments that the other party will make and how to rebut those arguments.

Prepare for Witnesses

Some small claims courts permit witnesses. You can prepare questions ahead of time and be prepared to ask the witness the questions. The questions must relate to the issue before the court and help build your case against the other party. If the witness will not cooperate, the court can issue a subpoena. You can also request the witness bring relevant documents with him by issuing a "subpoena duces tecum."

Respect Court Rules

Reading the court rules will assist the parties in preparing to present their case. Small claims court is designed for the pro se litigant so the rules are generally user-friendly. Decorum and civility before the judge are essential to show that parties respect the system and understand the weight of the court's decision.

Sit in on a Session

Sitting in on a few other small claims court proceedings may assist you in preparing your case and understanding the procedures of the courtroom. Watching other litigants may also help you prepare responses to potential questions and see what evidence should be presented.

References

• Lawyers: Success in Small Claims Court
• Business Week: Staking Small Claims