Win in Small Claims Court

Small claims court is a division of a district court with limited jurisdiction. Also known as the “people’s court,” small claims court is a good place to demand payment on a debt such as unpaid rent or repairs on a car that were never made. While each state varies on what exactly qualifies to be argued in small claims courts, they typically serve judgments on claims of under $5,000 to $7,500. The process can be intimidating, but it is intended for the average person to represent themselves in court and resolve minor legal issues.

Steps

Determining if the Case is Allowed in Small Claims Court

1. Figure out if your case can be addressed in small claims court. You can't win a case in small claims court if you never had the right to sue there. Small claims court typically handles small legal issues, such as resolving unpaid debts, enforcing or changing contracts, or recovering money. Small claims courts do not handle cases involving fraud, libel, assault, or battery. Check the small claims court guide for your state to determine if your claim is appropriate for small claims court.
   • Many states have websites dedicated to helping individuals navigate the small claims process. Check to see if your state has a website or a guide that can help you to navigate the small claims court process.
2. Determine the jurisdiction’s financial limit. The amount that you want to sue someone for must be under the maximum allowable amount for your state’s small claims courts. This limit does not include court fees or interest.
   • No matter what the limit is, the money you seek must be directly related to your actual damages. Just because small claims allows you to sue for up to $5,000 does not mean you should sue for $5,000 if only $500 was at stake. Padding your damages like that will make you look greedy and unprofessional at worst. At best you'll look unprepared.
   • Keep in mind that some states also limit the number of small claims proceedings that can be filed in one calendar year, or they might limit the dollar amount that can be claimed in one calendar year.
3. Confirm that the statute of limitations has not expired on your case. A statute of limitations is an amount of time between when an event happened and when someone can no longer be sued because of that event. These vary by state and by types of contracts or lawsuits; generally speaking, legal proceedings for contracts and property damage expire after 3-10 years. Check with your County Clerk to determine your case’s statute of limitation.
4. Check your eligibility. You must be 18 or older to file a suit in small claims court. If you are under 18, you will need a parent or guardian to file on your behalf. Be aware that corporations, associations and partnerships can also file suits in small claims court.
5. Determine the correct jurisdiction and defendant. The jurisdiction is the location in which the person whom you are suing resides or where their business operates. It is important to determine the correct person against whom to bring a suit as well, which will in turn help you figure out the correct jurisdiction. You can also file a suit against an individual, company, association or partnership.
   • Make sure that you locate and name the proper person. Spell their name correctly, and have their correct contact information. To get the correct and full name of the entity, check with the County Clerk where the entity operates.
   • If the business operates in another state, it may not be financially reasonable to bother filing a claim in small claims court. The financial amount that you may receive in a judgment in your favor may not cover the costs of having to appear in court for a hearing in another state.
6. Consider talking to an attorney. Even though attorneys typically aren't allowed to represent clients in small claims court, an attorney can fill you in on details and nuances of the law that you might not have noticed otherwise.
   • For example, some states allow triple damages under consumer protection laws if you were harmed by a product. This could entitle you to more money than you thought you could get.
   • Lawyers also can assist you in planning your strategy and teach you stronger argument styles.

Filing your Case

1. Think about the end of your case at the beginning. Before going through the trouble and expense of filing a case and getting other parties involved, determine if your case is worth the effort. Think about how likely you are to get your money. Does the defendant have money to pay you? Just because you receive a judgment in your favor in small claims court, that doesn’t mean you will definitely get your money.
   • Many state and counties have outstanding resources available to help people navigate the small claims court process. Check your county court website to see if it has information that will help you understand what's involved.
2. Take your time preparing the case. Be sure you know everything you have to prove to the court about your case. You should locate the statutes for your state about your issue, and you may need to review some case law about your claim. You can normally find up-to-date statutes on the website for your state’s highest court or legislature. Many states have a searchable database of appeals court opinions on the website for the state’s highest court. If you have difficulty locating these things, the librarian of your local law library or the self-help center at your local courthouse should be able to steer you in the right direction.
3. Prepare your documents. Many states have pre-prepared forms for self-represented litigants. These are usually found on the website for the state’s highest court. They usually come with instructions, and in some locations, many approved forms are even published together in packets for particular claims.
   • If your court does not provide packets, be sure you know what all you need to file to begin your claim. This should include a petition (the document about your claim), a summons (a document calling the other party into court), and other documents your court may want on all or just self-represented litigants (such as a personal data sheet, acknowledgment of knowing certain rules of court behavior, etc).
4. Fill out all of the necessary forms. These forms should either be typed or filled in legibly in ink. Some courts require that you only use blue or black ink, so be sure to read the instructions.
   • If there are no pre-prepared forms for your claim, use one for another claim as an example for formatting and the type of things that will need to be included.
   • After your documents are completed, you will need to make copies of them. You will need the original, a copy for your files, and a copy for each defendant.
5. File your documents: Take the original documents (and the copies if you would like the filing date stamped on them) to the clerk of the court that has jurisdiction over your claim. The clerk will take the original documents from you for the court’s file, and give you a case number. The case number is the number you will use to identify your case from that date on, and you should not lose that number.
   • Be polite and respectful with the clerk. People are usually more willing to help if they are treated well, and your success in this case depends on you being respectful towards anyone who might be able to give you even just one step up.
   • The clerk will also issue your summons. There will likely be a charge for both filing your case and issuing the summons and potentially other things like asking for a jury trial. You can find out what those fees are by calling the clerk beforehand or looking it up on your court’s website.
6. Serve the defendant(s). Your original documents and the summons must be served on the defendant(s). Your states civil procedural rules will tell you whether you need to hire a certified process server, pay the sheriff to serve the documents, or have someone over 18 who is not a part of the suit serve the documents.
   • Your initial small claims documents must be served in person. Check your state’s rules to find out if there is a special form that needs to be completed as part of the serving process.
7. Pay filing fees and any additional fees. Generally speaking, filing fees depend on the amount of the claim: if the claim is under $1,500 in California, for example, the filing fee is $30. The fee goes up to $75 if the claim is under $5,000 but over $1,500. There may be additional fees if you have already filed more than one claim in small claims court in the previous 12 months. There may be other fees as well; for instance, if you want a jury trial for your case, you will need to pay additional fees. This might not be an option in all jurisdictions.
   • Keep in mind that fees vary between jurisdictions. If you cannot afford these fees, ask the clerk about filing for indigence or pauper status.

Preparing for your Court Appearance

1. Gather evidence for your case. Take the time to gather receipts, retrieve your phone records from your phone company, make diagrams, assemble pictures and so on, in order to strengthen your case. You will bring all of this evidence with you to your court hearing.
   • If you have documentation to support your story, then you will appear more forthright, organized and serious.
   • Try to have some piece of evidence to back up every statement of fact that you make. For example, if you claim the defendant agreed to pay you $500 to paint her fence and never paid you, you want to have any written evidence of the original agreement. You also should copy your bank records as proof that you never received any money.
   • Witnesses may also be useful in providing evidence. Locate people who can corroborate your story and who can attest to your own due diligence.
2. Practice your argument. During the actual hearing, you will want to be thorough yet concise, and if you are rambling through your story, you risk irritating the judge and wasting their time. Practice telling your story in the simplest yet detailed way possible. Tell your arguments to someone and get feedback from them. Do they understand what you’re trying to say? Do they understand why you are bringing a case to court?
3. Consult with legal counsel. Small claims court does not require that you have a lawyer represent you at your hearing. In fact, many small claims courts expect that you will represent yourself. It may not be financially worth it to hire a lawyer if you are fighting over a small amount of money. But it can still be in your best interest to consult with a lawyer to see if your case is worth fighting for and the strategies you might use to argue your case.
   • Most communities have free or inexpensive legal counsel organizations that you can work with. These may be affiliated with a university law school or public or nonprofit law clinic.
4. Anticipate what the defendant will say. In constructing your argument, you should also consider what your opposition will say to discredit you or make it seem like you are at fault. To determine what your opponent might say in court, think about how that person might tell the story and how their version will be different from yours. Prepare yourself for how you will respond to their remarks.
   • In other words, what aspects of your claim might your opposition try to explain in a way that makes it seem like you are at fault? How can you respond to these statements in a way that demonstrates that you were not at fault?
   • For example, if the dispute is over damaged property, your opponent might try to make it seem like the damages were not their fault or even try to make it seem like they were your fault. Try to figure out what they might say so that you can refute these claims.
5. Consider settling. You are allowed to come to an agreement with the other party at any time prior to the judge making his/her ruling. Courts prefer the parties settle if possible. In fact, some courts require the parties to undergo mediation before trial. In mediation, a third-party who has nothing to do with the case talks with both parties to try to come to an agreement.
   • If you come to an agreement, the mediator will usually take care of the paperwork for the court. If you don’t come to an agreement, you proceed to trial.

Presenting your Case in Court

1. Know the date and time of your court hearing. You will need to keep careful track of your scheduled hearing so that you do not show up on the wrong day or at the wrong time. You also need to be on time, which really means arriving early. You can be better prepared, relaxed, organized and ready to state your case when you are not rushing around.
   • If one of the parties doesn’t show up, the other party may win by default. Ensure that you get your fair chance by being present at the hearing.
   • If you cannot attend court on the day of your hearing, you can file for a postponement (or continuance). You need to file this claim no fewer than 10 days before the hearing, pay a fee, and have sufficient reason for requesting the extension.
2. Ask for an interpreter if you need one. If English is not your first language and you think you might encounter difficulty presenting your case, you can bring an interpreter with you. This person should be someone who is a friend or relative but not someone who is directly involved in the case. This is not a witness and is only there to help you communicate to the judge about your case.
   • If you don’t have someone you can bring, you can ask the court clerk to give you a referral to interpreters. These individuals typically charge a fee for their work. If you cannot afford to pay an interpreter, you can ask the court clerk to provide you with an interpreter for free.
3. Dress and behave in a professional manner. Treat this hearing as you would an important job interview (or even a funeral), and wear conservative business attire. Wearing a suit is not necessary but it reflects well on you if you appear to take the proceedings seriously.
   • Be respectful of the judge, and don’t argue with the judge. First impressions are important, and presenting yourself as a respectful and dignified person can go along way to helping you win your case. This is especially true if your opponent is disorganized, appears sloppy, or behaves rudely.
   • Remain calm and collected throughout the proceeding. Bring copies of each document you've filed, along with every piece of evidence you plan to produce. Keep everything organized so you can find what you need quickly when you need it without delaying proceedings while you shuffle through papers.
   • If the defendant says something that is untrue or that you don’t agree with, don’t automatically shout out in your own defense. You will be given the opportunity for rebuttal. Just make a note of what was said and address the untrue statement when it is your turn. Waiting for your turn will make you appear more professional and respectful, and the judge will appreciate it.
   • Never speak to the opposing party. Direct all of your statements to the judge.
4. Describe the event that gave rise to your claim. Present your case in a calm, thorough, and straight-forward manner. Be sure to tell your side of the story with facts and back up your statements with the evidence you have gathered. Provide lots of details and be ready to present your evidence when asked.
   • Avoid overblown or exaggerated statements or extensive appeals to emotion. The judge will make a decision based on the facts and legalities of the case, not emotion.
   • Include statements by your witnesses (either written or in-person) to further support your case. Let the court know if you have witnesses at the very beginning of the proceeding.
   • Come prepared with the story of what happened, and tell it in a clear and relatable way. You'll be more likely to win if you present yourself and your situation as understandable. You want to bring the evidence to prove that you're in the right, and bring the demeanor and attitude so that the judge is willing to empathize with you.
5. Follow up your description by stating how much money you are requesting. Be prepared to tell the judge the exact events that led to your loss. Speak about each specific piece of evidence for your case and attach specific dollar amounts. Avoid making a vague argument or just insisting that you have been wronged.
6. Listen to the other party. The other person will tell their side of the story, and chances are, they are arguing just as hard as you are, particularly if a decent amount of money or someone’s reputation is involved. If you listen and take notes while they are speaking, you will begin to identify holes in their story or missteps that will further strengthen your own case. After the person has finished speaking, you will be given a chance to speak again and address their claims.
7. Listen to the ruling. After the judge has heard both sides of the story, he or she will make a ruling on your case. Listen to the ruling and do not interrupt or show any signs of objection or approval during or after the judge’s ruling. Just listen and respect the judge’s ruling.

Resolving the Judgment with Payment of Debt

1. Write a letter asking for the debt to be paid. If you won the court hearing and you are to be awarded money, the court will not collect the money for you. You still need to collect that money. Write a clear, professional letter to the defendant requesting that the debt be paid. The small claims judgment becomes enforceable 30 days after the court clerk has filed a Notice of Entry of Judgment, unless the defendant has filed an appeal.
   • Judgment, even in your favor, may be just that: a judgment. It is no guarantee that the person or entity will pay. They may try to get out of paying the debt altogether or they may not be able to afford it. Judgments are good for 10 years, although you certainly won’t want to be chasing after your payment for that long.
   • Take into consideration the defendant’s ability to pay. If the defendant does not have enough money to cover the debt, think about adjusting the payment schedule so that they can pay you back in weekly or monthly payments. You can also waive interest or forgive some of the debt. If it seems that they will not be able to pay back the entire debt, getting some is better than none.
2. Enforce the payment. If the debtor is trying to get out of making payments on the debt, there are certain legal mechanisms that will enable you to enforce payment. These can include levying execution on a person’s wages, bank account, assets, cash register (if they have a store, for example, you may be able to have the sheriff come in and physically take money from the cash register), and so on.
   • You should go through the proper legal channels to enforce payment. Never go to someone’s home or place of business to demand payment. You are only setting yourself up for legal trouble if you do this. Consult your state’s rules on how to enforce payment using proper legal channels.
3. Sign an Acknowledgement of Satisfaction of Judgment. When the debt has been paid, both parties should sign an Acknowledgement of Satisfaction of Judgment. This will ensure that neither party is sued again for the same debt. Proof of payment, such as a receipt or bank deposit notice, should accompany the acknowledgement. The Acknowledgement notice should be filed with the court within 14 days of the final debt payment.
4. File an appeal for a decision you’re not happy with. If you receive a judgment that rests in favor of the other person, you may feel that you have not received a fair judgment. Often, you are required to file an appeal within 30 days of the court’s ruling, but you should check your state’s rules to be sure. Ask the county clerk for assistance with this paperwork.
   • Keep in mind that the appeal process is typically more formal than the small claims court hearing. You will likely need to have legal representation present at the appeal hearing.
   • Be aware that the other party also has the option of filing an appeal if they are not happy with the court’s decision.

Sources and Citations

See also

• Get Out of Jury Duty
• Counter Sue
• Sue Your Employer
• File a Case in Small Claims Court
• Address a Judge in Court
• Appeal a Judgment Without an Attorney
• Defend Yourself in Court
• Get a Restraining Order
• Serve Court Papers
• Win a Wrongful Termination Lawsuit

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