How do you prepare for small claims court?

Answer 1

AnswerThe procedure may vary somewhat from state to state, regardless the process is quite simple.

Obtain the required forms from the office of the clerk of small claims of the state court in the county where the debtor/defendant resides.

Be certain that the forms are filled out exactly according to the directions.

If you are suing an individual be certain to use his or her full name, (example: Susan Smith, not Susie Smith).

If you are suing a business you must use the 'legal' name of the business.

When you file your petition with the small claims clerk you will be charged a small fee plus the cost of registered mail postage for serving the summons upon the defendant.

The best way to present your case is to have documented proof that you have made a 'good faith' effort to resolve the matter outside of court. Proof would be copies of written correspondence (including e-mails) to the defendant that is courteous, direct and reasonable. Also any persons that have direct knowledge of the issue can be witnesses or in some courts the judge will accept a sworn affidavit.

If the plaintiff prevails a judgment will be entered against the defendant. The plaintiff may then execute the judgment against non exempt property belonging to the debtor as allowed under the laws of the debtor's state.

Small claims judgments in the majority of US states are for monetary recovery only., (wage garnishment, bank account levy, etc.).

Please be advised, the court will not collect the judgment for you nor will it assist in the collection of such, except when said judgment is allowed to be executed in such a way that it requires the assistance of a sheriff or constable.

Answer 2

Contact the office of the clerk of small claims in the county in which the lawsuit is to be filed for assistance. Please be advised court clerks can only impart general information and cannot offer an opinion on the validity or possible outcome of a suit or legal assistance to plaintiff or defendant. You will have to send the other party a demand letter via certified return receipt requested mail then wait ten days for an answer before filing.

Answer 3

You go to the county clerk, file the papers to sue someone, pay a fee, and have them served court papers. A court date will be set once all forms are completed. You will go on the date for court and present your case to a judge. The other person gets to give their side and the judge will make a decision.

Answer 4

Look in the front of the local phone book under county government or city government.

If you'd rather look it up online, Google your county or city name and "small claims" or "small claims court" or just "court". Or you can go to Court Reference (see link below), select your state, select your county, and see all the contact information for all the courts in your county. Once at Court Reference and on your state's page, you can also go to "Choose a Court Resource Category, select "Self Help and Legal Research" and look for links to information about Small Claims in your state or county.

Answer 5

Small claims court, also known as Magistrate Court in Georgia, has a jurisdictional limit of $15,000. These suits are typically brought without attorneys and answered without attorneys. The judge will usually be lax on the rules of civil procedure and evidence.

Answer 6

Go to your local county courthouse registry and pick up the document that you fill out explaining your claim. Take it home and fill it out and return it to the courthouse to file it and pay the filing fees. You will need to serve a copy of the document on the defendant(s) personally. The court will move the case forward for you.

Answer 7

Small claims court is one of the easiest courts to file a case in. Simply appear in front of your clerk of courts and request the documents needed to file. Most courts have three forms that need to be filled out.

• A civil complaint - this is your allegations about why the defendant owes you.
• A civil summons - this is a paper that is served by the courts to the defendant as a notice to appear in court.
• A subpoena deuces tecum to compel the defendant to bring evidence to court with them (such as a lease agreement or promissory note)

You will need to file your complaint and sign it with the clerk of court. You may be required to pay a filing fee, however, if you're indigent (the legal term for poor), you may file for a fee waiver.

Once you case is filed you will be assigned a case number and a court date. Sometimes your courtdate will be sent by mail.

Simply appear on your court date with all evidence needed to prove your case. The harder part is enforcing a judgement if it's in your favor.

Answer 8

What if u sale all your yard stuff to someone and they say would u like to trade a horse for all of my belongings that came out of yard and then has all my stuff but will not give me my horse and all my things are at there house and they lied to me and ripped me off for about 3,000 to 4,000 i. Yard stuff plants flowers rocks trees Shrubs pond plants fean shrubs

Answer 9

If you are preparing for small claims court, you should gather your evidence and organize it well. Some people get nervous, so you should write out your key points so you don't forget.