If you are being sued in small claims court, here are some things you should do:
- Read the complaint carefully. The complaint is the document that the plaintiff (the person who is suing you) filed with the court. It will tell you what the plaintiff is suing you for and how much money they are seeking.
- Decide whether you want to represent yourself or hire a lawyer. You do not need a lawyer to represent yourself in small claims court, but there are some benefits to hiring a lawyer, such as increased chances of winning your case and avoiding mistakes.
- Gather evidence to support your defense. This could include things like contracts, receipts, letters, or witness testimony.
- File an answer with the court. The answer is your response to the plaintiff’s complaint. In your answer, you will need to state your defense and any counterclaims that you may have.
- Attend the hearing. The hearing is where you and the plaintiff will present your cases to the judge. The judge will then decide who is liable and enter a judgment accordingly.
If you lose your case, the court may enter a judgment against you. This means that you will be legally obligated to pay the plaintiff the amount of money that they won.
If you cannot afford to pay the judgment, you may be able to negotiate a payment plan with the plaintiff. You may also be able to file for bankruptcy.
Getting sued in small claims court can be a stressful experience. However, it is important to remember that you have rights. By following the tips above, you can increase your chances of success in defending your case.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.