How do you file a claim in small claims court?

Answer 1

Generally, the Clerk of the Court where the suit is to be filed can provide you with forms to use. Suit usually gets filed in the locale where the person or one of the persons being sued resides or does business, or where the wrongful act occurred.

Briefly, the claim must state a short and plain statement of the basis of the complaint. Any documents upon which it based, such as a written contract, must be attached. You must also ask for damages, generally in the form of money or its equivalent. Small claims courts do not ordinarily have the power to award equitable relief, such as an injuunction (an order prohibiting someone from doing something).

The Clerk will charge a fee for filing the complaint. The amount depends upon the state in which you file, sometimes by county, and sometimes by the amount of money that you seek. Note, though, that there is a limit to the amount that may be sought in a small claims case, which is set by the law of your state.

The claim must be served (delivered) upon the defendant and each of them. Therefore, a summons must accompany the claim, which tells the sheriff or other process server where to serve the claim. It also tells the person being sued (the defendant) that he/she/it must file an answer within a fixed period of time, or appear for a hearing on a given date. The sheriff will charge a fee for serving the claim. Sometimes, the claim may be served by certified or registered mail. To determine that, you should ask the Clerk of the Court.

If you win your case, you will usually be able to recover all costs incurred in filing and serving the defendant with the summons and the claim.

Answer 2

The rules vary in different jurisdictions in the US. In many cases all you need to do is visit the small claims clerk's office in your jurisdiction, fill out the proper forms, sign them and the court will notify the defendant of the lawsuit as part of the filing fee. You will both be notified of your court date. You should visit your local small claims court and ask there about the rules for filing a lawsuit in your jurisdiction.

Generally, you must file a statement of claim with the court office. In some jurisdictions, you then have to file an affidavit of service with the court and you must serve your statement of claim upon the defendant. In that case you need to determine what different means of service are acceptable in your area.

Some courts also recommend first sending the opposing party a letter by certified mail, giving them notice that if they fail to pay what they owe you within 30 days, legal action will be initiated.

The important thing to remember is that the rules vary in different jurisdictions. You must contact the small claims court in your jurisdictions to determine its rules.