How to File a Lawsuit in Small Claims Court
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HOW MUCH MONEY ARE YOU SUING FOR? This is one of the first things that you need to determine, since small claims court is a court of limited jurisdiction. In this case, that means that you are only allowed to file a lawsuit that falls at or below the dollar limit of the court. Each state has different jurisdictional limits, but they generally range from $3000 to $10000. You can find out the amount for your state by either calling the county clerk for your county or looking it up online through your county court system website. On top of the amount you are seeking, you can ask for court costs and reasonable attorneys fees, even if you are representing yourself. The judge may, or may, not award them if you win the case. - 2). WHAT IS THE CASE ABOUT? If this is a case having to do with divorce, guardianship, name changes, bankruptcy, landlord tenant (except in a few states), or where your reputation was injured but no actual physical injury occurred; then this is not the court for you. Also if your case has to do with the Federal Government or an employee of the Federal Government acting in their official duty, you cannot use small claims court. You must file Federal cases in Federal court.
- 3). WHEN DID THE WRONG THAT WAS COMMITTED OCCUR? Every action in law, with the exception of a few criminal charges, has a statutory period in which it must be filed or else it is legally barred. That is called a statute of limitations. Each state has very specific statutes of limitation for every kind of legal action. They range from 1 year to 10 years depending on whether it is an action in contract or for an injury and depending on what state the lawsuit is being filed in. To find out the statute of limitations for your case, you can go on the internet and type in your state's name and "statute of limitations." You should get a list my type of the applicable years. You can also go to your public library and ask for assistance from the reference librarian.
- 4). GO TO THE COURT HOUSE AND FILE THE APPROPRIATE LEGAL FORMS. The court clerk for your county is usually located either in, or near, the court house. That is where you will be filing your small claims forms. Usually the forms you need will be preprinted fill in the blank forms and often one of the clerks can help you with technical questions for filling out the form. They are not attorneys though, so don't expect them to give you legal advice or tell you how to word your lawsuit paperwork. At this stage, you do not have to present any proof, that will come at the hearing stage. You will need the name and address of who you are suing. The lawsuit will have to be served by a process server on the person you are suing, the defendant or respondent. Some states have the sheriffs process service and some will want you to pay a private process server to do it. You will have to pay a filing fee for filing your lawsuit.
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GATHER ALL OF YOUR EVIDENCE AND WITNESSES FOR THE HEARING OR TRIAL. Before you have your day in court, gather any contracts, written agreements, photos, witness statements, letters from experts, estimates, or any other evidence that you will use to prove your case. Take the time to write out an outline of what evidence you want to present to the judge and how it supports your case. - 6
GO TO COURT AND PRESENT YOUR CASE. You as the plaintiff will go first. This is your chance to tell the judge why you are there and what it is you want and why. Keep to the relevant facts, stay calm, respectful of all parties, and organized. You can present witnesses if you want as can the opposing party. You can also question each other's witnesses. At the end of the evidence, the judge or magistrate will tell you their decision.
