Demystifying the Law: Suing Someone in Small Claims Court (Part 1)

Posted June 10, 2010 in Demystifying the Law by Jennifer King
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At some point in your life, you have probably thought about filing a lawsuit against another person or a business. Maybe you lent someone money and they failed to repay you. Or maybe a business sold you a defective product and refused to issue a refund. Many of us think about filing a lawsuit, but fail to do so because it seems like a complicated or confusing process. There is, however, a simpler option: Small claims court.

Today’s article and next Tuesday’s will demystify the small claims court process.

What Is Small Claims Court?

Small claims court is the generic name for courts that handle lawsuits involving disputes over smaller amounts of money. These courts are designed to make the litigation process accessible to people who want to file a lawsuit, but don’t necessarily know how to do so and don’t necessarily want to hire a lawyer.

Although small claims court rules vary from state to state, most have similar features.

  • Small claims courts only hear cases for disputes involving money, and only for disputes less than a certain dollar amount. For example, California small claims courts hear cases where the plaintiff – or person filing the case – is seeking $7,500 or less. (That limit drops, in California, to $5,000 if it’s a business or government agency filing the lawsuit.)
  • You cannot resolve non-monetary disputes in small claims court. For example, a divorce case or intellectual property dispute would not be heard in small claims court.
  • Rules regarding the use of lawyers in small claims courts vary. In some states, lawyers can’t appear in the courtroom, though an attorney can help prepare your case. In other states, lawyers may be permitted, but not required.
  • If lawyers are allowed, the party you’re suing can decide whether to hire a lawyer to defend them, and can use an attorney even if you are not using one. (Some states may require lawyers in certain instances. For example, Illinois requires corporations that are plaintiffs in a small-claims case to use an attorney.)
  • Small claims courts usually rely on simplified processes and procedure. However, the rules of law and rules of evidence still apply.
  • Lawsuits filed in small claims court are typically heard much more quickly than lawsuits filed in other courts.

Filing Your Small Claims Case

If you decide small claims court is for you, decide which small claims court should hear your case. In some states, you must file in the small claims court where the other party lives. If you have a contract with the party you’re suing, it may specify where a lawsuit should be filed. Otherwise you’ll probably file at the court in your town or county.

Before heading to the court, you’ll want to find out what information you need to bring and how much money you’ll be expected to pay when filing your lawsuit.

You’ll need to go to the small claims court to file a complaint. The complaint includes the person’s name and address; a short statement of the basis for your claim, including any relevant dates; and the exact amount of money owed to you.

Some small claims court staff may be willing to help you fill out the necessary forms, or volunteer lawyers may be available to offer free assistance. But don’t expect to receive help – staff may be forbidden from helping in some states – and have all of the necessary information to complete the forms yourself.

The complaint has to be served on, or delivered to, the other party, usually by certified mail or by a process server. Some small claims courts have their own process servers. The court will expect you to pay any service fees.

After the other party receives the complaint, he or she will file and serve you with a response to the complaint and any counterclaims against you. For instance, if you’re suing a former landlord to get your security deposit back, he may counterclaim against you to collect money he paid for repairs.

In some small claims courts, the parties must go through mediation or arbitration before any court hearing. In mediation, a trained mediator helps you and the opposing party reach a solution. An arbitrator acts more like a judge, deciding issues after hearing both sides of the story.

In next Tuesday’s post, we’ll finish demystifying small claims court by looking at what happens on the day of your court date.

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Jennifer E. King