File a Small Claims Action
The small claims court process is designed to be informal and inexpensive. It allows individuals and small businesses to seek relatively speedy justice without facing the barriers and delays of the more formal civil courts. The rules for small claims are set by each individual state, so are subject to change. Each state sets a limits on small claims that usually include both financial caps and subject matter restrictions.
Instructions
1. Find the right court. A crucial aspect of starting any court proceeding is filing a petition with the correct court. Most states will allow a small court claims to be filed in the county of residence of the filer, but others require a claim to come in the jurisdiction of the defendant's residence or place of business, or the county where the cause for the claim arose. Consult your state laws for clarity on proper jurisdiction.
2. File a petition. The small claims petition is a form document available at the local county court. The petition will ask for your name and address, and the name and address of the defendant. A few lines will also be available to provide a brief description of the cause of the claim and the requested remedy. The filing fee, due at filing, varies widely by state and can sometimes be waived if the fee creates a financial hardship to the filer.
3. Attach documents. While not absolutely necessary, evidence supporting your claim is usually helpful. Avoid including extraneous documents. Instead only include copies of relevant receipts, contracts, and work orders with the petition.
4. Serve process. A small claim suit must be formally served on the defendant. The responsibility for service varies by state, with some leaving it to the plaintiff and others using local sheriffs.
5. Attend a hearing. After process has been served, the court will set a date for a hearing at which time both sides can make their case.
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