In small claims courts, individuals can file lawsuits quickly and inexpensively. You can file suits against individuals, corporations, partnerships and other entities. Each state sets the maximum amount that you can sue for in these courts. The dollar amounts range from $2,500 to $25,000.[1] Rules for filing a case in small claims court vary between states and even counties. Before filing your case, be sure to check with your county clerk or an attorney to find out the rules in your state.
Steps
Reviewing and Evaluating Your Case
- Review the facts of your case to be certain you have grounds for a lawsuit. The first step in the small claims process is to evaluate your potential case. The question to ask here is whether someone owes you money and is refusing to pay.
- Generally, you can bring civil cases for disputes that don’t involve a large amount of money.
- If you do end up suing someone, you become the plaintiff and the person you are suing is the defendant.
- Many types of cases can be heard in small claims court. For example, the return of security deposit or a payment dispute over broken or damaged property. Other cases involve breach of a written or verbal contract. In your case, figure out how much money you are owed and by whom. Also consider why they owe you that money.[2]
- In some counties, small claims courts review evictions and other landlord-tenant matters.[3] If you're dealing with such issues, you'll have to find out what the laws in your area are if you are trying to evict a tenant.
- Consider consulting a lawyer. Depending on the complexity of your case, you may want to consider contacting an attorney.
- In some states, you can't have a lawyer in small claims court. You may ask a lawyer for advice before you go to small claims court, though.
- If you need more guidance, you may contact a lawyer through your state bar association.[4] State and county bar associations often offer free referral services to qualified local attorneys, and may also offer free consultations with attorneys that specialize in the legal issues relevant to your case.
- Mail a letter via certified mail demanding payment. A “demand letter” is a formal letter demanding monetary payment or some other action from another party. Send a demand letter to the person who owes you money. This will cost a little more, but will create a legal record of the fact that your letter was delivered.
- A demand letter should explain what payment or action you are seeking. It should make it clear why you are seeking the payment or particular action. It should also specify a time limit for payment or performing the particular action.[5]
- Although not required, a demand letter is an attempt to settle that matter without taking formal legal action. In some cases, just the threat of a lawsuit can cause the person you are considering suing to pay you.[6]
- Because of the financial and emotional costs of filing a lawsuit, try to use small claims court as a last resort, not as your first option.
- Consider mediation. Mediation is a form of alternative dispute resolution (ADR). ADR is a tool you can consider to get the money the other party owes you without a lawsuit. You can suggest to the other party that a third party mediate your conflict. You can do so in the demand letter or at any point during the process:[7]
- Mediation is a process of negotiation where all sides state their case to an impartial third party. This mediator then issues a judgment about who owes what to whom.[8]
- In some states, courts offer mediation as a free or low-cost service. Mediation is also quicker than bringing a suit in court.
- Parties often share the cost of hiring a neutral mediator, which will vary based on the mediator and complexity of the case. This person will assist them in working out a mutually agreeable outcome. The process includes an evaluation by a neutral third-party, negotiation, and mediation.[9]
- ADR is often less adversarial, more efficient and less expensive than formal legal processes. [10]
- Consider arbitration. Arbitration is another form of ADR. Arbitration allows parties to litigate the dispute without going to court.[11]
- Arbitration may be binding or non-binding. If the parties agree to binding arbitration, they waive their right to a trial. In doing so, they agree to accept the arbitrator’s decision as final. Non-binding arbitration means the parties may request a trial if they do not accept the arbitrator’s decision.[12]
- Your local county court may have more information about both mediation and arbitration.
- Familiarize yourself with your state’s laws governing small claims cases. If you decide to take your claim to court, you should spend some time studying several important topics.
- Learn how much money you can ask for in small claims court. State law determines the amount. The rule of thumb is that you should be asking for less than $10,000 in small claims court.
- Some states, such as Alabama, offer you a maximum of $3,000 in small claims. Other states, such as Tennessee, offer up to $25,000.[13]
- If you believe you are owed more than your state’s laws permit, you can't file your case in small claims court. In that case, you have two options. You could lower the amount of money you're asking for to have your case fit into small claims guidelines. Or you could pursue the case in a higher court. Pursuing the case in a higher court requires legal advice. It will also result in more fees and could take up to several years for a hearing.
Filing a Claim
- Determine the right venue for the suit. Figuring out where to file the claim can be tricky. For assistance, visit the local superior court in the county where you live. Or you can use the Internet to find out which court handles small claims in your county. The place where you’ll file suit will most likely depend on the following:[14]
- Where the defendant lives.
- Where the contract was signed or carried out.
- Where the business involved is located.
- Where the damage happened.
- Where the goods involved are permanently kept.
- Gather information about how to file suit. After locating the appropriate court, call or visit the court website to find out if it operates a self-help center. If the court offers this service, ask the self-help center staff for more guidance on how to file a case in small claims court.
- Determine the exact name(s) of the person(s) you want to sue. It's important that you use the exact legal name of the person you want to bring to small claims court.[17] Use the country clerk's computers to track down the legal name(s) of anyone you wish to name in your suit.
- If you are suing a business, corporation or partnership, you can identify the legal name of the business entity by visiting your Secretary of State’s website. For example, the California Secretary of State’s website allows Internet users to search for the legal name of a particular business entity. This will allow you to locate the identity of the business owner.
- Your local County Clerk/Assessor or Recorder may be able to help. Some offer an online option that allows you to access the Fictitious Business Name Index from your own computer. This allows you to track down the identity of a business owner. Ask the county clerk for permission to access the Fictitious Business Name Index if you can't search for it online.
- Determine how you can pay court costs. Before heading to the courthouse to file your small claims complaint, contact the clerk of courts office. The clerk will tell you how you can pay your court costs.
- The cost of filing a claim in small claims court ranges from around $15 to $200, depending on the state you live in.[18]
- Some courts will only accept cash or credit cards. Others will also accept personal checks.
- If you are worried about the cost, note that some states have waivers available for people with lower incomes. Ask if you are eligible.
- File the claim. Visit your county courthouse to fill out the necessary paperwork.[19] In some counties, you can find the required paperwork online.
- Depending on your state, the online forms may include a “Plaintiff’s Claim and Order to Go to Small Claims Court” form as well as a “Proof of Service (Small Claims)” form.[20]
- When you file your claim, you must provide a succinct and informative explanation of why you believe you're owed money.
- If you have any evidence to support your claim for money owed, such as a signed contract, be certain to attach it to your complaint.
- The county clerk should be able to give you a court date right away. You'll need this date when you're serving the papers.
- If you don’t understand something, be sure to ask one of the clerks. They are knowledgeable and usually helpful.
- If you must file in person, bring your ID. Some states require you to show it.
- Serve the defendant. The process of notifying the other party of the lawsuit is called "serving" the defendant.[21] You can use several different ways to serve the defendant the papers.
- One way is to enlist someone who's not in any way a party to the lawsuit and who is over 18 years old to serve the papers.[22]
- Another way is to hire a professional process server (also called "due process server") to serve the papers. This is a good idea if you think the defendant might try to avoid the service.[23]
- A third way is to let the county sheriff, marshal or constable serve the papers. This is another good choice for defendants that might try to avoid service. This option is not available everywhere, and does typically require a fee.[24]
- A final option is to have the county clerk serve the papers via certified mail.[25]
- You must have the papers served on the defendant a certain number of days before your court date. For example, in California, you must serve the court papers at least 15 days in advance of the court date. If the defendant is a person, business, or public entity outside of the county, you have 20 days.[26]
- The service rules will vary depending on your state and can be confusing. Be sure to clarify the rules with the county clerk or an attorney.
- All defendants in the lawsuit must be served; it's not enough to serve just one of the defendants if there is more than one.[27]
- Corporations and limited liability companies (LLC’s) have specific assigned agents for service. You can locate a corporation's or LLC’s registered agent by visiting your Secretary of State’s website. You may also check the company’s website or call the company and ask who can accept service on behalf of the company.[28]
Succeeding in Court
- Sit in on a small claims court hearing. Before your hearing, go sit in the audience of a small claims hearing. It can be helpful to know what to expect when the judge calls your name and asks you to present your case.[29]
- Being prepared is an easy way to increase your chances of winning. Don't underestimate the value of preparedness.
- Enlist witnesses and evidence. You don't want to show up to court with an entourage of friends and followers. But having a few witnesses who can convince the judge of your reliability can be helpful. Whenever possible, use direct or circumstantial evidence. Either is better than making unsubstantiated claims.
- Direct evidence is evidence that proves a fact without any guesswork. You might be able to provide many types of direct evidence. One example might be the damaged or broken piece of property you are seeking payment for; testimony from someone who saw the defendant damage the property would also be direct evidence; and a third example might be a receipt displaying the total value of the damaged property.[30]
- Circumstantial evidence suggests something occurred, but you can't prove it directly. For example, you might have a witness who says she saw the defendant take the piece of property and enter a building. She might go on to say that she saw the defendant leave the building with the damaged or broken property. This doesn't prove the defendant damaged the property. It would, however, suggest that this is a likely possibility.[31]
- Whenever possible, avoid relying on hearsay. Hearsay is testimony or documents which quote a person who is not in court.[32]
- Get your point across effectively. Your judge will likely be hearing many cases and will appreciate a clear, efficient explanation of your case. When preparing for your hearing, be sure to consider the following:
- What happened?
- How has it affected you?
- How much does the other party owe you?
- Why is the defendant at fault?
- Prepare concise answers to all these questions.
Getting the Defendant to Pay
- Understand the law. Hopefully, you'll win your case. But just because you win a decision in small claims court doesn't mean you'll get the money owed to you. The defendant, also known as the “judgment debtor,” has 30 days to either pay you or ask for a new trial by appeal.[33]
- If the debtor does not pay within 30 days, consider the steps below. Note that some of these options may not be available in your state. Check with the county clerk or an attorney to determine which options are available to you.
- Levy the debtor’s wages. In some states, such as California, you can garnish the defendant’s wages until the debt is paid. This means a portion of any pay checks the debtor earns will go directly to you.
- To garnish wages you’ll need to complete a “Writ of Execution” form. It must be approved by the court and served to the defendant.[34]
- Levy the debtor’s bank account. In some states, you can request a bank levy. This means that the money will be taken out of the defendant’s bank account to satisfy the judgment.
- To do this, you’ll need to know the name and branch address of the bank or other financial institution used by the defendant.
- To perform a bank levy, you’ll also need to complete a “Writ of Execution” form.[35]
- Record an Abstract of Judgment. Another option that may be available in your state is to record an "Abstract of Judgment for Civil and Small Claims." This puts a lien on any land, house or other building the debtor owns.[36]
- To record an Abstract of Judgment for Civil and Small Claims, you’ll need to complete another court form.[37]
- Ask the police to do a “till tap” or place a “keeper” in the debtor’s business. If the debtor is a business with a cash register, a law enforcement official can go to the business and take enough money to satisfy your judgment and associated fees.[38]
- Another option is for law enforcement to remain in the defendant’s business establishment. The officer who does this is called a "keeper." The keeper will take all funds that come in until the judgment is satisfied.
- To request a “till tap” or a “keeper,” you must complete another court form. In some states, such as California, you must complete a “Writ of Execution” form.[39] In some states, you must pay significant fees in advance. A till tap, for example, typically costs $60 to $100. The cost of a keeper will vary depending on how long you want them to remain at the business.
- Conduct a judgment debtor’s examination. A judgement debtor’s examination is a procedure in which the judgment debtor must go back to court. In court, the debtor must answer questions about his/her finances.[40]
- The judgment debtor will be asked about the existence, location and amount of income he/she earns. As part of the examination, you can subpoena bank books and other similar financial documents. You can also request the judge to order the defendant to turn over any assets in his/her possession.
- To request a judgment debtor’s examination you must complete another court form. In some states, such as California, you must complete a “Judgment Debtor’s Examination” form.[41]
- Suspend the judgment debtor’s driver’s license. In some states, if you win a small claims case over an auto accident and the defendant doesn't pay, you can have the defendant's license suspended.[42]
Tips
- The availability of collection options will depend on your state and county. Be sure to check with your county clerk and/or attorney to find out which options are available in your county.
- Be certain to appear in court on the day, time and location in the notice you received from the court. If you don’t show up, the court may continue your case to a different date or even dismiss your case altogether.
- Not only do laws governing small claims cases differ from state to state, but some aspects of such cases vary from county to county. That means in some places, the hearing date for your case could be set when your case is filed. In others, the date, time and place of your hearing date will be sent to you in the mail.
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