To take someone to small claims court, the general steps are:
- Determine if small claims court is appropriate for your situation, usually for claims under a certain amount (e.g., under $12,500 or $10,000 depending on jurisdiction).
- Identify the correct defendant and the amount you are claiming.
- Before filing, send the person a formal demand letter stating the amount owed and why, giving them a chance to settle the dispute.
- Decide the correct court location based on where the defendant lives, works, or where the dispute occurred.
- Prepare and file a small claims complaint form (statement of claim) with the court, paying the filing fee. You usually must file multiple copies.
- Serve the court papers to the defendant via an approved method like certified mail or personal service.
- The defendant can file a reply or response to your claim.
- Attend a settlement conference or mediation organized by the court to try to resolve the issue before trial.
- If not settled, attend the trial where both sides present evidence and the judge makes a decision.
- If you win, you may need to take additional steps to collect the judgment, such as registering it and working with sheriff's office or scheduling payment hearings.
Each jurisdiction may have specific rules and forms, so be sure to check the local court's small claims procedures and use their official forms. This process provides an accessible and relatively quick legal remedy for claims typically involving money owed under a certain limit without needing a lawyer.
