How do I File a Small Claims Lawsuit?

Small claims lawsuits handle civil cases with a relatively low monetary issue at stake. It is important to note that not all jurisdictions have a small claims court, and rules and regulations of this type of lawsuit vary widely between regions. In order to file a small claims suit, it is vitally important to first understand the applicable laws and requirements of the jurisdiction.

A small claims lawsuit typically involves a disagreement over money or property. Some common types of suit include landlord/tenant disputes, collection of money owed, or distribution of assets. It is important to remember that in most jurisdictions, the burden of proof is on the plaintiff, meaning that it may be wise to have clear, admissible proof of wrongdoing before filing a small claims lawsuit.

There are several ways to get information on filing a small claims lawsuit in a particular district. Some non-profit organizations offer legal books for each region that can help guide a plaintiff or defendant through the lawsuit process. Try visiting the website of the court or speaking with a court clerk to determine what documents and actions are necessary to filing suit. Some people obtain legal counsel, but many choose to represent themselves in small claims court as the damages awarded are often low and the cost of an attorney relatively high.

Although the rules of each jurisdiction may vary, there are some general things necessary to file a small claims lawsuit. The plaintiff must usually fill out court-issued paperwork in full and return it to the court, paying a filing fee. Information required on the forms includes the nature of the claim, the amount in dispute, and the address or contact information for both plaintiff and defendant. If the court accepts the suit, it will issue a summons to the defendant, who may choose to contest or not. In some cases, not contesting within a certain time period allows the plaintiff to ask for a summary judgment without a trial.

If the charge is contested by the defendant, a court date is set when both sides may bring evidence and argument. Each party may be asked to make an oral statement and present any pertinent evidence. Admissible evidence may include written documents such as contracts, agreements and receipts or third party witness statements. Keeping scrupulous records and insisting on written and notarized agreements can be helpful in the event of a small claims lawsuit.