How Small Claims Court Works

A photo of an out-of-focus man using a laptop and an in-focus gavel in the foreground

It's an unfortunate reality that disagreements sometimes have to be sorted out in court. From breaches of contracts to late payments, the types and kinds of cases that go through small claims court vary widely and the rules of small claims court are simpler and make it accessible for laypeople. Small claims court is only for civil disputes, so claims regarding immigration, criminal matters, or worker's compensation, among other, more serious matters, aren't heard in small claims court. Small claims court is more informal than a regular court setting, and regular people usually represent themselves; some states allow for parties in small claims court to have attorneys present and some states don't. Each state also has its own rules over the amount that one can sue over in small claims court; for instance, in California it is an amount lower than $10,000 for individuals and $5,000 for business claims. If you have a situation that may need to go to small claims court, your attorney through our Legal Protection Subscription Plans for Families & Individuals can help you prepare, help you know what to expect, complete paperwork and evidence, and, depending on your state, perhaps even represent you in small claims court. Learn more about the benefits of our Legal Protection Plans and read on for some tips for dealing with small claims court.

Make Small Claims Court Your Last Resort

It's usually easier and less stressful to solve the problem outside of court, so exhaust all your other alternatives to settle the matter before filing a petition in small claims court. Though filing fees are usually reasonable and the process is relatively simple, it is still a court action that will require at least one court appearance. Your attorney through our Legal Protection Plans may be able to help you avoid court by writing letters and making phone calls on your behalf, or negotiating with the other party for you, so take advantage of these services before filing paperwork for your small claims case.

Complete The Proper Paperwork

There are forms and documents to complete in order to get a court date. In some states, you will need to send a demand letter to the other party before you can file and wait an appropriate amount of time for them to respond. You may need copies of contracts or other documents to prove your case. You will have to have the other party served with the lawsuit, and this must be done by an uninterested third party, such as a process server. Additionally, state laws vary as to what constitutes "proper service," so it is important to know the rules for service where you live. You will also need to make sure that you're filing in the proper venue (the court in the state or county) and make sure that your claim amount is at or lower than the maximum claim amount for your state.

Case Preparations

You will need to make a list of all parties that will need to appear in court, and this is an important step as small claims court cases tend to move very quickly; they are usually heard within a few weeks to a couple months after filing. If you will need witnesses, make sure to contact and confirm that how they remember the facts is the same or very similar to your recollection. In some jurisdictions, an official affidavit (a sworn statement) is enough. You will also want to practice. As we mentioned, small claims cases move quickly; courts can hear several small claims court cases every day, so you will want to make sure that you can present your case quickly, efficiently, and completely. Keep your presentation of the facts and evidence concise and only pertaining to the facts of your case. Your attorney through our Legal Protection Plan will be able to explain how things work in the courtroom, what to expect once you're there, and give you advice on how and what to practice and what to say.

Show Respect

Showing respect and courtesy for the judge the court can go a long way; first impressions matter. Arrive early, dress appropriately, and be courteous to the judge and court staff. Use "Your Honor" when addressing the judge, never interrupt others when they're speaking, and don't be confrontational. Make sure all of your evidence, documentation, and witnesses are ready to go when it is your turn in front of the judge.

Follow Up

The judge's ruling on your case isn't the end of the matter; you will need to keep in contact with the court to ensure that the judgment is enforced, and this may mean additional actions to collect any money judgments, such as liens or wage garnishments.

If you are considering filing a small claims court case, your attorney through our legal subscription plans for families and individuals can help you prepare. Our network of attorneys are knowledgeable and experienced and can give you expert advice on how to proceed, even if your state doesn't allow them to represent you in small claims court. Learn more about all the benefits of membership or sign up today!