To file a small claims case, you will need to follow these steps:
Contact your local court clerk’s office. The court clerk’s office will be able to provide you with information about the small claims filing process and the necessary forms.
File a complaint. The complaint is a document that states your name, the defendant’s name, the amount of money you are claiming, and the facts of your case. You can typically find a complaint form on the court clerk’s website or at the courthouse.
Pay a filing fee. The filing fee varies from state to state, but it is typically around $50.
Serve the defendant. Once you have filed your complaint, you will need to serve it on the defendant. You can serve the defendant yourself or you can hire a process server to do it for you.
Attend the hearing. After the defendant has been served, the court will schedule a hearing. At the hearing, you and the defendant will have the opportunity to present your evidence and argue your case. The judge will then decide who is liable and enter a judgment accordingly.
If you win your case, the court will issue a judgment ordering the defendant to pay you money. You can then collect the judgment by garnishing the defendant’s wages or bank account, or by seizing the defendant’s property.
Here are some tips for filing a small claims case:
- Be prepared. Gather all of your evidence and organize it in a way that is easy to present.
- Be clear and concise. When you present your case, be clear and concise. State the facts of your case and explain why you are entitled to damages.
- Be respectful. Be respectful to the judge and the opposing party.
- Follow the court’s rules. Be sure to follow the court’s rules of procedure. You can find these rules on the court’s website or at the courthouse.
If you have any questions about the small claims filing process, you should contact your local court clerk’s office.
Filing a small claims case can be a good way to resolve a dispute quickly and inexpensively. However, it is important to be prepared and to follow the court’s rules of procedure.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.