How to Handle Small Claims
- 1). Get a copy of the court rules and file your complaint or answer. Whether you are the plaintiff (the person filing the claim) or the defendant (the person opposing the claim) ask the clerk at the local court for a copy of the rules for that court's small claims part. After reading them over you can fill out the form the clerk will give you to file your claim or answer the claim that has been brought against you. Once you file your papers you will be given a date to appear in court to present your claim or defense to the judge or arbitrator.
- 2). Gather the documents and evidence you will need for the hearing. Locate any receipts, contracts, written agreements, photographs or other documents that will help you to prove your claim or defense. Keep in mind that the judge or arbitrator assigned to your case knows nothing about you or the other party, nor are they familiar with the facts behind your claim or defense. A verbal description of the damage done to an expensive suit or dress by a dry cleaner does not have the same impact as bringing the actual damaged garment to court so the judge can see it.
- 3). Subpoena witnesses or records. If you need a witness or record to prove your small claim or defense the court will issue a subpoena directing the witness to appear or that the documents you requested be produced at court on the day the hearing is scheduled.
- 4). Present you claim or defense clearly and concisely. Presenting your case in an orderly manner and limiting yourself only to those facts that are important to your claim or defense make it easier for the judge or arbitrator to follow along. For example, going into details about how your car broke down on the way to pick up your suit or dress at the dry cleaner is of no importance if your small claim is for damage to the garment during the cleaning process.