Filing a small claims court case generally involves a few key steps:
- Determine eligibility: Your claim must usually be for a certain maximum amount (commonly $5,000 to $12,500 depending on jurisdiction), and the claim is often about money owed rather than property or services.
- Prepare the complaint: Fill out a specific small claims complaint form, naming the correct defendant (person or business) and detailing your claim.
- File the complaint: Submit your completed complaint form to the appropriate court clerk and pay a filing fee, which varies by location and amount of your claim.
- Serve the defendant: The court issues a summons to notify the other party, and you'll need to provide proof that the defendant was served.
- Attend the hearing: After both sides have been notified, a hearing date is set where both parties present their case to a judge (usually no lawyers involved).
- Obtain and enforce judgment: If you win, you may need to take steps to collect on the judgment if the defendant does not pay.
Specific forms, fees, and procedures vary depending on the state or country. In California, for example, you start by filling out an SC-100 Plaintiff's Claim form. In Washington state, the claim limit is up to $10,000 and you file a Notice of Small Claim. In Maryland, the claim limit is $5,000 and a Complaint form DC-CV-001 is used. Usually, cases are decided within a few months. The process is designed to be accessible to individuals without attorneys with simplified rules and procedures. It is advisable to first attempt to resolve the dispute through negotiation or mediation before filing. For more tailored steps, please specify the jurisdiction where the small claim will be filed.
