How to File Papers in Small Claims Court
- 1). Check for eligibility. Before filing papers in small claims court, be sure the nature and scope of your claim are eligible for small claims in your state. Usually, there is a cap on financial claims, anywhere from $5,000 to $25,000 or more, and a subject matter limitation, with criminal charges and most torts being ineligible. In some states, the nature of the claim--for example, reclaiming personal property or eviction of a tenant--can impact the financial cap.
- 2). Identify the appropriate court. In many situations, your local county courthouse is where you'd make your small claims filing. If the defendant does not reside or conduct business in the same county, however, state law might require you to file in the defendant's county of residence, principal place of business or where the issue giving rise to your claim occurred. Filing in the correct courthouse is essential.
- 3). Fill out a claim. Small claims courts use a form that simply asks for the names and addresses of the filer and defendant, a statement of the claim, and a brief description of the circumstances giving rise to the claim. Copies of documents, such as leases, receipts or contracts, can be filed along with the complaint. The claim can be filed with the small claims clerk for a small fee.
- 4). Serve process. When the claim is filed, the clerk will instruct you on how to serve process on the defendant. The claim cannot go forward unless the defendant is officially served with a copy. This is usually done through a local sheriff's deputy, an agent of the court or a private process server. The responsibility of the claimant with respect to service of process varies by state.