If you have been sued in small claims court, there are a few things you can do to defend yourself.
File an answer. Once you have been served with a summons and complaint, you have a certain amount of time to file an answer with the court. The answer is your response to the plaintiff’s claims. In your answer, you will need to state your defense and any counterclaims that you may have.
Gather evidence. To support your defense, you will need to gather evidence. This could include documents, such as contracts, receipts, and letters, as well as witness testimony.
Attend the hearing. At the hearing, you will have the opportunity to present your evidence to the judge. The judge will then decide who is liable for the dispute and how much money should be awarded, if any.
Here are some common defenses to small claims lawsuits:
- Payment: If you have already paid the plaintiff, you can raise this as a defense. Be sure to bring evidence of payment, such as a receipt or canceled check.
- Denial: If you deny the plaintiff’s claims, you will need to present evidence to support your denial. For example, if the plaintiff is suing you for breach of contract, you may be able to show that the contract was never formed or that you did not breach the contract.
- Statute of limitations: The statute of limitations is the amount of time that the plaintiff has to file a lawsuit. If the statute of limitations has expired, you can raise this as a defense.
- Lack of jurisdiction: If the court does not have jurisdiction over your case, you can raise this as a defense. For example, if you live in a different state than the plaintiff, the court may not have jurisdiction over your case.
- Counterclaim: If you have a claim against the plaintiff, you can file a counterclaim. A counterclaim is a separate lawsuit that you are filing against the plaintiff.
If you are unsure how to defend a small claims lawsuit, you should consult with an attorney.
If you lose your small claims case, you may have the option to appeal the decision. However, it is important to weigh the pros and cons of appealing before making a decision. Appeals can be expensive and time-consuming, and there is no guarantee that the appellate court will overturn the judge’s decision.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.