People can use small claims courts to resolve disputes for small amounts of money.The hearings are more informal than in regular court.The person who files the lawsuit is referred to as the plaintiff, the person or company they are trying to recover from.Depending on the court, the maximum amount of money at stake will be between $5,000 and $10,000.How you handle a small claims case depends on who you are trying to represent.There are basic strategies you can use to win your case, regardless of which side of the case you're on.
Step 1: You can find the legal name and address of the person you want to file a lawsuit against.
Getting the person's name and address should not be a problem if you know them.It can be hard to figure out their legal name and home address in some situations.If you were injured or your property was damaged, you might want to file a lawsuit against the person who caused it.The person or company that you signed the contract with will be sued if you are suing for breach of contract.The legal name of a company can be found through the business directory on the website of your state's secretary of state.The police may be able to help you with your lawsuit.You can hire an attorney to help you find the correct person.
Step 2: The person you're thinking about suing should receive a demand letter.
If you want to file a lawsuit, you need to send a demand letter to the person.If it's required, the small claims court clerk can tell you about it.Explain the dispute and amount of money you believe the person owes you in your letter.If you don't hear from them by the deadline, you will file a small claims court case.You can mail your letter with a return receipt requested.You need to keep the green card that you get back so you can show the court that the person or company received your letter.If you can't resolve the dispute through the demand letter, you should put the person on notice of your claim so they are not surprised when they get the lawsuit paperwork.
Step 3: The small claims court has jurisdiction over your claim.
If the incident that led to the dispute happened in the county where the person is located, you'll probably file a lawsuit there.If there are two possibilities, you can choose one that's more convenient for you.To find a small claims court in your area, you need to do a search on the internet.The location of the court as well as additional information for filing a claim can be found on the website.
Step 4: If you want to make a small claims complaint, fill it out.
Small claims courts use a form that you fill out to tell the judge about the dispute and the amount of money you're claiming.These forms can be completed without help from an attorney.Stick to the facts when describing a dispute.Don't include statements of emotion, opinion, or speculation.You wouldn't add the speculation that they were drunk unless you had specific evidence of that.The amount of money you believe the person owes you should be included on your complaint form.You must be able to prove that they owe you the exact amount of money when you go to court.You will only get a judgment for the amount of money you can prove they owe you if they don't show up in court.
Step 5: There is a file.
Make at least 2 copies of your forms and take them to the clerk's office.To file your lawsuit, you'll have to pay a fee.The photocopies will be given to you by the clerk after he stamps your paperwork.One is for the person you're suing and the other is your records.Call the clerk's office to find out the exact amount of the filing fee and how to pay it.You can apply for a waiver if you can't afford the fee.Waivers are usually given to people with extremely low income or who are receiving government benefits.
Step 6: Notices of your lawsuit should be served on the defendants.
You have to let the person you're suing know about the lawsuit so they can defend themselves.The lawsuit can be proven in court using the process of service.A sheriff's deputy is usually hired to take the paperwork to the defendants.You may be able to use a private company.The cost of service is usually less than $50.The sheriff's office will likely waive the fees if you got a fee waiver.
Step 7: You should have evidence and documents for your hearing.
Make a list of the facts that you provided.The facts should be backed up with evidence.If you're suing someone for backing into your car and damaging it, your evidence might include witnesses who saw the person back into the car, estimates for repair, and photos of the damage.
Step 8: On the date of your hearing, go to court.
When you file your paperwork, your hearing will usually be set.If you don't show up for the hearing, your claim will be dismissed.You can find the correct courtroom if you show up at least 15 minutes early.You don't have to wear a business suit to court, but you should dress conservatively.Think about what you would wear to a job interview.When the judge calls your case, take a seat in the gallery.Small claims hearings will be held in one court session.
Step 9: You need to read the notice carefully.
You'll be served with paperwork if you're sued in small claims court.The nature of the dispute, the facts the person alleges, and the amount of money they're claiming you owe them will be shown on the paperwork you receive.The facts in the claim are important to pay attention to.To defend yourself, you need to show the court that the facts are incorrect and that you don't owe any money.You backed your car into their car, but someone else was driving it.You might be able to argue that the person should be sued for damages instead of you.
Step 10: Do you have a counterclaim against the person?
You can file a counterclaim if you think the lawsuit is about money.The details of the counterclaim should be written in writing.You might be accused of damaging the bumper of their car by backing into it.If the damage to your car was also done by the other party, you could file a counterclaim to get them to pay for it.
Step 11: If you want to settle out of court, negotiate.
You can save a lot of time by negotiating a settlement on your own if you acknowledge the facts of the case.If you're reasonable, the person may be willing to accept less money than they claim or take more affordable installments towards the total.Keep your communications in writing if you decide to negotiate a settlement.Send them a letter extending an offer of settlement using certified mail.If they don't respond to your offer, you can show the court that you tried to work with them.
Step 12: If it's necessary, file a written answer.
A written answer to the complaint is required for some small claims.There will be a blank form if an answer is required.Go to the clerk's office of the court where the case is being heard and fill out the form.There is usually no fee to file an answer.You may have to pay a small fee if you have your answer served on the person.The sheriff's deputy usually completes service.
Step 13: You should gather documents and evidence to support your arguments.
The facts of the claim must be backed up with evidence.This proves to the judge that the allegations are not true.You might have a timecard from work that shows you were at work on the day of the accident.You could have witnesses who will testify that you weren't driving the car at the time.
Step 14: You should be at the court on the day of the hearing.
You would lose the right to defend yourself if you don't show up for the hearing.If you can't make it to court on the date of the hearing, contact the clerk of court and let them know.They might be able to change the date for you.Try to get to the courthouse at least 15 minutes early.It will give you time to find a courtroom.Take a seat in the gallery until the case is over.You can get to the front of the courtroom after that.There will likely be other people waiting as well, because there will be several hearings in each small claims session.
Step 15: Take care of your documents and evidence.
The key to success in small claims court is organization.You should arrange your documents and other evidence in chronological order, and make at least 2 copies of each item for you and the other party.The original is likely to be looked at by the judge.You can use folders to keep your evidence separate.If you're involved in a small claims dispute involving a minor car accident, you might have one folder devoted to damage to the car, another to insurance issues, and a third dedicated to driver identity.
Step 16: If you want to support your argument, speak to witnesses.
It is possible to make your arguments come to life and back up your story with witnesses who can testify on your behalf.It is important that witnesses you choose have reliable testimony and can express it in a clear and straightforward way.The other party can ask witnesses questions if you call them.Trying to poke holes in their testimony will give you an idea of their weaknesses.If you're involved in a small claims dispute about a car accident, you might call a witness who saw the accident.If they didn't wear their glasses that day, their testimony might be weak.
Step 17: Before your hearing, observe a small claims session.
If you've never been to small claims court before, sitting in on a session can help you become familiar with court procedures.If you watch a session with the same judge who will hear your case, you can learn about the judge's temperament and how they interact with people in their courtroom.If you want to take notes, take a notepad, pen or pencil with you.If one of the parties is reprimanded by the judge, make a note so you don't do that thing yourself.A brief outline of the court procedure will help you organize and prepare for the hearing.
Step 18: The court and the judge should be respected.
When you arrive at the court, be courteous to court officials and security guards.Don't use your phone or other device during proceedings.When your case is called, stand whenever the judge enters the courtroom.They say to address the judge as your honor.Stop what you're saying and answer their question if they interrupt you to ask a question.Wait until they allow you to proceed.Speak to the judge, not the other party.Crosstalk with the other party will not endeared you to the judge.
Step 19: The facts of your case can be presented logically.
It's a good idea to tell the judge what happened in chronological order.The correct order of events can be achieved with the creation of a timeline.You leave an opening for the other party to take the upper hand if you mess up your chronology.Speak clearly so the judge can hear you.If you can prove with physical evidence or witness testimony, you should stick to the facts.Don't make assumptions or speculate.If you're involved in a dispute over a minor car accident, it wouldn't do you any good to speculate that the other party was drunk unless you had evidence to back up that statement, such as a toxicology test performed at the scene or witnesses who saw the person drinking.
Step 20: Answer the judge's questions completely.
The judge may interrupt you to ask for clarification on a point you've made.Pause and restate the question if you want to respond.This helps you understand what the judge is asking.Answer the question first.If you don't know the answer to the question, you should not speculate or guess about it.You would want to tell the judge any communication you had with the other party after the accident.Say "Yes, your honor, we spoke, but I can't remember the details of the conversation" if you did talk to them.