How Do I File a Small Claims Court Lawsuit?

Are you looking to resolve a financial dispute without getting tangled in the complex legal process of a court hearing? Check if your case qualifies for small claims court.

This legal process is a cost-effective way to resolve financial disputes of relatively small amounts. Whether you are looking for payment of an unpaid debt, compensation for damaged property, or other monetary claims, small claims court offers a straightforward approach.

This article will give you a comprehensive overview of filing a case in small claims court.

What Is a Small Claims Court?

Small Claims courts handle minor civil disputes among parties. They provide a straightforward and cost-effective way to settle disputes involving modest sums. Cases heard in small claims court are less formal and often involve money judgment. These cases do not need a jury trial, leaving a judge or a magistrate to decide.

Parties involved in small claims cases usually argue independently without legal representation. They may bring witnesses to support their claims and can also submit different forms of evidence. But the legal proceedings in small claims courts are more simplified than those in regular trial courts. So, proceedings in small claims courts often move faster than regular cases in trial court. This ensures that small claims courts are accessible to everyone.

Who Can File a Case in Small Claims Court?

Any person 18 and older can file a case in small claims court. If the person suing is younger than 18, a parent or guardian can file the case.

Procedure for Filing Small Claims Court Lawsuit

The general procedure for filing small claims cases is as follows:

1. Know the amount of money involved in the claim. It is important to learn the amount of money involved in the claim. Each state has a dollar limit on how much you can file in a small claims court.
2. Prepare for your claim. You have to draft a statement of claim that outlines the facts and details of your case. The complaint describes the defendant's alleged conduct and the amount of money you believe the defendant owes you.
3. File your claim. You must file your claim with the county where the defendant lives or where at least one party lives. If it is a business, the place of business or the registered location of the office is the place of residence.
4. Pay for the required filing fees and court costs. Your small claims court clerk can tell you more about the filing fees and court costs.
5. Serve the summons and notice to appear to the defendant. After filing your claim, you must ensure you serve summons to every entity or person involved in the case. The summons often contains the nature of the claim, the scheduled court date and time, and the court location.
6. Attend the pretrial conference. The court may ask you and the defendant to attend a pretrial conference.
7. Prepare for counterclaims. Once you file the complaint with the court, you must arrange for the defendant to get a copy of it in a way that complies with state law. The defendant has a certain number of days to answer the complaint or risk default. In Arizona, for example, defendants have 20 days to answer a plaintiff's complaint.
8. Collect money judgment. If the court rules in your favor, you can collect the money judgment. But remember that the court will not collect the money on your behalf. You have to enforce the judgment and collect the money owed. Contact an attorney for legal advice on how to collect the judgment.

Remember that the procedure of filing a small claims case depends on the state or county where you are filing your claim. Since rules vary from state to state and sometimes among counties, check your local court procedures before pursuing a small claims court lawsuit.

What Is the Maximum Amount of Money You Can Sue for in Small Claims Court?

While all states have small claims courts, they are sometimes called magistrate courts, justice of the peace courts, or pro se courts. Only civil complaints involving relatively small amounts of money may go before a small claims court. But "small" is a relative term, and monetary limits vary from state to state. The following is a selection of state limits for small claims:

The maximum amount of money you can claim in small claims court may vary in every state.

Check your state laws for exclusions or special rules.

Statutes of Limitations and Self-Representation

As with other legal actions, small claims are subject to a statute of limitations. This means you must file your claim within a certain period after the alleged incident. Texas has a two-year statute of limitations for small claims, while Massachusetts allows small claims within three years of the alleged incident.

Check your state law for court rules about the statute of limitations for filing small claims cases.

Can I Represent Myself in a Small Claims Suit?

Most claimants represent themselves in small claims court cases. Some state courts or counties also prohibit lawyers from appearing during court hearings. For instance, a litigant may have an attorney during a small claims hearing in Florida. In California, you can't have a lawyer represent your case. Check your local court's rules if you want an attorney to represent your small claims case.

Seek Legal Advice

If you are feeling overwhelmed by the details of filing a lawsuit in small claims court, it might be best to talk to a litigation attorney. Whether you are the person getting sued or the person suing, the legal services of an experienced litigation attorney will help. Contact one near you to get personalized guidance.