Small Claims Court

• 1). Determine where you will bring the lawsuit. Generally, lawsuits are brought wherever the incident leading to them occurred. This helps narrow down the possibility that both parties will be readily available, because they were in the same place for at least the time of the incident. If you live in a different state from the person you are suing, it can be more difficult to bring the suit. Filing paperwork and notifying the defendant can be time-consuming and expensive from a distance. However, the court will expect fairness in the suit and may not even entertain a suit that appears to have been made purposely difficult for a defendant.
  
  
• 2). Find the local rules for small claims court where you are suing. States have their own small claims courts and their own rules governing those courts. Depending on the jurisdiction, there may be different filing times and statutes of limitations, limits on damages, fees, or required forms. Check the official website of the state where you are suing to find these rules and download forms, or alternatively, visit the local courthouse to find this information in person.
  
  
• 3). File all paperwork promptly and accurately. Giving sloppy or inaccurate information to the court can result in adverse consequences for your case, including a dismissal. Purposely giving false information may even be a crime.
  
  
• 4). Show up to court on time. Appearing in court on the correct date at the correct time is of utmost importance. If one of the parties is absent, the court may enter a default judgment against that party. This means that the non-appearing party automatically loses the suit, often for the full amount being sought. Appearing in court may be especially difficult if one or both parties needs to travel out-of-state to be there, but that is not a valid excuse for skipping the court date.
  
  
• 5). Argue your case. Be prepared with any relevant information and evidence that will help the court decide the case in your favor. Rules of evidence and procedure are relaxed in small claims court, so don't worry about legal lingo; just act respectfully and make sure you have whatever you want to use to prove your case. Be polite to the judge, answer all questions honestly, and don't interrupt your adversary.