To file a small claims case, the general steps are:
- Identify who you want to sue (the defendant) correctly.
- Determine the exact amount of money you want to claim, which must be within the court's limit (often $10,000 to $12,500 depending on the jurisdiction).
- Send a demand letter to the defendant requesting payment and try to resolve the issue without filing a lawsuit. Keep proof of sending this letter.
- Decide where to file your claim, typically the court in the area where the defendant lives or the dispute occurred.
- Prepare your small claims complaint form (or affidavit of complaint), stating who you are suing, the amount, and why.
- Complete any additional required forms, such as a civil cover sheet.
- File your complaint and required documents with the court clerk and pay the filing fee.
- Serve the defendant with a copy of the complaint and summons after filing, so they are officially notified.
These steps include waiting a mandatory number of days after sending the demand letter before filing, and making sure the defendant is correctly named (individual or company). You can often find form templates on court websites, and some courts require electronic filing. This process is informal, designed for individuals to represent themselves without lawyers, and covers money claims within a specific maximum amount depending on the court rules.
