how to represent yourself in a small claims court
How to Represent Yourself in a Small Claims Court
Are you in the process of suing someone or being sued for damages in a small claims court? A little preparation can go a long way in obtaining a favorable settlement. This article aims to offer some suggestions in this regard.
- Claim to refund of money made as down payment, back rent or security deposit
- Claim on dud checks
- Claim for payment of wages, contract dispute for labor
- Claim on damages or refund on faulty workmanship or defective merchandise
- Claim on damages to property due to an accident
- The complainant must be 18 years of age or older. If not, the parent or guardian may file the actual complaint.
- Be aware of the statute of limitation that defines how long you have to start a case (depends on the type of case).
- The Office of the Special Civil Part of the county where the case is filed must be the residence or office/business location of at least one of the defendants.
- You may even file the case for claims online (available in most states). This is usually possible for a fixed amount of money. The defendant receives the printed court order on the same day of filing! Check if this works for your case.
- For an in-court settlement, if you're the plaintiff, ensure to fill the complaint form properly. Fill in your own address, the defendant's address, telephone numbers, claim amount and all the other details correctly so as to ensure proper service of your complaint.
- Sign the form and pay the correct fees for filing. The clerk/staff of the Special Civil Part can be consulted for these procedures.
- The cost of filing a complaint may differ from state to state. If you cannot afford the cost, you may apply to the court to grant you a waiver by qualifying you as an indigent.
- Trace out all the records that would support your claim or counterclaim such as canceled checks, bills, contracts, photographs, etc. If you need the support of witnesses, ensure they are ready and available to testify. Be ready with all the paperwork and evidence.
- If you need legal advice or knowledge about state statutes, ensure to consult an attorney at the earliest about arguments that could prove your claim.
- Dress appropriately, in a professional manner and follow basic courtroom etiquette. Arrive on time.
- The staff at the Office of the Special Civil Part will be more than ready to answer any questions that you may have before the hearing. However, that does not substitute legal advice; take them as recommendations or suggestions only.
- You may even find an information booklet when you go to pick up your claim form.
- If you're the defendant and fail to show up, the default ruling may be against you and you may be directed by the court to settle the claim to the plaintiff.
- When providing a list of documents to support your case, present it neatly, in a chronological order.
- Don't worry, you don't have to sound or act like a lawyer. You will find the proceedings in a small claims court rather informal and not as strict regarding rules of evidence. Mostly, just follow the directions of the magistrate and you should be fine.
- If you're not comfortable speaking English, you can have your interpreter speak on your behalf (notify the magistrate in advance) but the court does not usually provide an interpreter.
- You will most likely be assigned a time limit in which the hearing needs to be completed, so ensure that you're making the most of the time allotted.
- The magistrate may appoint a mediator to help settle your case.
- If you win the case, the Judgment Collection Brochure will have information about how to collect your judgment (including court costs). However, the court does not force the defendant to settle the claim immediately! If the claim is not settled voluntarily according to the judgment, you will have to take additional steps to recover the claim. Consult the clerk of court for the exact procedure for judgment debtor exam, garnishment of wages, etc.
- If the final ruling is not in your favor, as the plaintiff or defendant you may appeal against the ruling; you will not get back the court fees. The procedure varies from state to state. Appeals are generally accepted only if there have been serious irregularities in the proceedings.