Keep a copy of all forms for your records.
Settle matters on your own or take immediate legal action in small claims court. The legal process is simplified to enable you to file a claim and appear before the court without a lawyer or any legal representation. However, you must follow the court rules to expedite your case. This step-by-step guide clarifies the claims process for both plaintiffs and defendants.
Instructions
Take Legal Action in Small Claims Court
1. Gather information on the party to be named in the lawsuit. You will need the legal name and exact address of the individual, business, corporation, owner or agency to be sued. Include all defendants. Be sure you have the correct zip codes.
2. Be sure to file your small claims case in the correct court.
Decide where you must file. Learn which court has jurisdiction. Use the location of the incident at issue or the residence of the defendant to determine where to file.
3. Fill out the small claims forms. File a complaint if you are the plaintiff or an answer if you are the defendant. Include the date, place and time. Provide a description of the damages and costs with in the small claims court limitations. Research your individual state limits.
4. Submit the forms in person, online, by fax or by mail. Pay the exact filing fee. Request a date-stamped copy for your records.
5. Serve the complaint and summons to appear before the court on the other party. Choose to have the papers served by the sheriff, a process server, certified mail or a person 18 or over who is not a party to the case. Pay the processing fee.
6. Submit proof of service to the court. Verify that the papers were served in a timely manner, at least five days before the hearing. Call the court to confirm the proof of service has been received.
7. Prepare for court. Arrange for witnesses to appear at the hearing or provide a written statement. Acquire estimates to repair damages or replace losses. Write a brief opening statement.
8. Bring supporting evidence to your hearing.
Attend the hearing. Speak briefly and succinctly to the point. Expect three to five minutes to state your case. Present supporting documentation.
9. Find out when you can receive a copy of the judgment. Expect the court to mail out the court judgment within one week. Call if you do not receive a copy. Make sure a copy has been sent to the other party.
10. Collect your judgment directly from the other party or have the judgment paid directly to the court. Verify funds have been deposited with the court 30 days after the judgment is issued. Execute a writ of execution if the judgment debtor fails to pay.
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