Individuals can file lawsuits quickly and cheaply in small claims courts.You have the ability to file suits against individuals, corporations, partnerships and other entities.Each state has a maximum amount that can be sued for.The dollar amounts ranged from $2,500 to $25,000.States and even counties have different rules for small claims court.Before you file your case, be sure to check with your county clerk or attorney to find out the rules in your state.
Step 1: Review the facts of your case to make sure you have grounds for a lawsuit.
Evaluate your case is the first step in the small claims process.The question is whether someone owes you money or not.Civil cases that don't involve a lot of money can be brought.If you end up taking someone to court, you become the person's lawyer and they are the one who is sued.There are many types of cases that can be heard in small claims court.Payment disputes over broken or damaged property can include the return of security deposit.There are cases where a written or verbal contract is broken.Determine how much money you are owed and who you owe it to.Consider why they owe you the money.Small claims courts review evictions and landlord-tenant matters.If you are trying to evict a tenant, you need to know what the laws are in your area.
Step 2: Consider working with a lawyer.
Depending on the complexity of your case, you may want to contact an attorney.It's not possible to have a lawyer in small claims court in some states.Before you go to small claims court, you may want to talk to a lawyer.You can contact a lawyer through your state bar association.State and county bar associations can often offer free referrals to qualified local attorneys and free consultations with attorneys that specialize in legal issues relevant to your case.
Step 3: You can mail a letter demanding payment.
A demand letter is a formal letter that demands money from another party.You can send a demand letter to someone who owes you money.This will cost a little more, but it will create a legal record of the fact that your letter was delivered.A demand letter should explain what you want.It's important that you know why you're seeking the payment or action.It should specify a time limit for payment.A demand letter is an attempt to resolve the matter without taking legal action.The threat of a lawsuit can cause someone to pay you.Because of the financial and emotional costs of filing a lawsuit, try to use small claims court as a last resort.
Step 4: Consider the use of mediation.
Alternative dispute resolution is mediation.It is possible to get money from the other party without a lawsuit.You can suggest a third party to help resolve the conflict.Mediation is a process of negotiation where all sides state their case to an impartial third party, and you can do that in the demand letter or at any point during the process.A judgement is made about who owes what.Mediation is a free or low-cost service in some states.If you want to bring a suit in court, mediation is quicker.The cost of hiring a neutral mediator can vary depending on the complexity of the case.A mutually agreeable outcome will be worked out by this person.A neutral third-party evaluation is included in the process.More efficient and less expensive than formal legal processes are some of the benefits of alternative dispute resolution.
Step 5: Consider using a third party to resolve disputes.
It is another form of mediation.It is possible to litigate a dispute without going to court.It can be binding or non-binding.The parties waive their right to a trial if they agree to binding arbitration.They agree to accept the decision of the arbitrator.If the parties don't accept the decision, a trial may be requested.There may be more information about mediation in your county court.
Step 6: Understand your state's small claims laws.
If you decide to take your claim to court, you should devote some time to studying important topics.How much money can you ask for in small claims court?The amount is determined by the state law.You should ask for less than $10,000 in small claims court.Alabama offers a maximum of $3,000 in small claims.Tennessee offers up to $25,000.You can't file a case in small claims court if you think you're owed more than your state's laws allow.You have two options.If you can lower the amount of money you're asking for, your case will fit into small claims guidelines.You could take the case to a higher court.Legal advice is required when pursuing a case in a higher court.It could take up to several years for a hearing and will result in more fees.
Step 7: The suit should be located in the right place.
It can be hard to figure out where to file the claim.You can get assistance at the local superior court.You can use the internet to find out which court handles small claims in your area.The place where you will file suit will most likely depend on where the defendants live.The contract was signed or carried out in that location.Where the business is located.The damage happened.The goods are kept permanently.
Step 8: Information about how to file a suit should be gathered.
Call or visit the court website to find out if it has a self-help center.If the court offers this service, ask the self-help center staff for more guidance on how to file a case.The County of San Diego gives detailed instructions on how to file a small claims court case.The Texas Young Lawyers Association provides guides.
Step 9: Determine the exact name of the person you want to file a lawsuit against.
You should use the legal name of the person you want to bring to small claims court.Track down the legal name of anyone you want to name in your suit by using the country clerk's computers.The legal name of a business can be found on the Secretary of State's website.The California Secretary of State has a website that allows internet users to search for legal names of businesses.You can locate the identity of the business owner.The County Clerk/Assessor may be able to help.You can access the Fictitious Business Name Index from your own computer.You can track down the identity of the business owner.If you can't find it online, ask the county clerk for permission to access the Fictitious Business Name Index.
Step 10: How can you pay court costs?
The clerk of courts office can help you file a small claims complaint.The clerk can show you how to pay your court costs.Depending on the state you live in, the cost of filing a claim in small claims court can be as high as $200.Cash or credit cards are accepted at some courts.Others will accept personal checks as well.Waivers are available for people with lower incomes if you are worried about the cost.If you're eligible, ask.
Step 11: The claim should be filed.
You can fill out the paperwork at the courthouse.The required paperwork can be found online.In your state, the online forms may include aPlaintiff's Claim and Order to Go to Small Claims Court form as well as aProof of Service (small claims) form.You must give a concise explanation of why you think you're owed money when you file your claim.Attach any evidence that supports your claim for money owed, such as a signed contract, to your complaint.You should get a court date from the county clerk.When you're serving the papers, you need this date.You should ask one of the clerks if you don't understand something.They are helpful and knowledgeable.Bring your ID if you must file in person.You have to show it in some states.
Step 12: The defendants should be served.
The process of notifying the other party of the lawsuit is called serving.You can serve the papers in a number of ways.One way to get someone who isn't a party to the lawsuit to serve the papers is to have someone over the age of 18.Another way to serve the papers is to hire a professional process server.If you think the defendants might try to avoid the service, this is a good idea.The marshal or the sheriff can serve the papers.This is a good choice for defendants who might try to avoid service.This option requires a fee, and is not available everywhere.The county clerk could serve the papers via certified mail.The papers must be served on the person before the court date.In California, you have to serve the court papers at least 15 days in advance.If the person, business, or public entity is outside of the county, you have 20 days.The service rules can be difficult to understand.The rules should be clarified with the county clerk.It's not enough to serve just one of the defendants if there are more than one.Specific agents for service are assigned for corporations and limited liability companies.The Secretary of State has a website where you can find a corporation's registered agent.You can check the company's website or call them to inquire about who can accept service on their behalf.
Step 13: There is a small claims court hearing.
Go to the small claims hearing and sit in the audience.When a judge calls your name and asks you to present your case, it can be helpful to know what to expect.It is easy to increase your chances of winning if you are prepared.Preparedness has value.
Step 14: There are witnesses and evidence.
You don't want to show up to court with a group of people.It can be helpful to have witnesses who can convince the judge of your reliability.Direct or circumstantial evidence should be used whenever possible.Either is better.There is direct evidence that proves a fact.You may be able to provide many types of direct evidence.One example would be the damaged or broken piece of property, testimony from someone who saw the damage, and a receipt showing the total value of the property.There is circumstantial evidence suggesting something happened, but you can't prove it.A witness might say she saw the defendants take the piece of property and enter the building.She could say that she saw the defendants leave the building with their damaged or broken property.This doesn't show that the property was damaged by the defendants.It would suggest that this is possible.Don't rely on hearsay whenever possible.Hearsay is testimony that is not in court.
Step 15: Get your point across well.
A clear, efficient explanation of your case will be appreciated by your judge.Prepare for your hearing by asking yourself the following: What happened?How has it affected you?The other party owes you something.Why is the person at fault?Prepare concise answers to the questions.
Step 16: Understand the law.
Hopefully, you will win your case.You won't get the money owed to you if you win a small claims court case.The judgement debtor has 30 days to either pay you or ask for a new trial.If the debtor doesn't pay in 30 days, consider the steps below.Some of the options may not be available in your state.To find out which options are available to you, check with the county clerk or an attorney.
Step 17: The debtor's wages should be Levyed.
In some states, you can take the wages of the defendants until the debt is paid.A portion of the debtor's pay checks will go to you.To collect wages, you need to complete a form.It must be approved by the court before it can be served.
Step 18: The debtor has a bank account.
You can ask for a bank levy in some states.Money will be taken out of the defendants bank account to satisfy the judgement.You need to know the name and branch address of the bank or other financial institution used by the defendants.To perform a bank levy, you need to complete arit of execution form.
Step 19: An abstract of judgement can be recorded.
An abstract of judgment for civil and small claims can be recorded in your state.Any land, house or other building that the debtor owns has a liens on it.You need to complete another court form if you want to record an abstract of judgment.
Step 20: Ask the police to keep an eye on the debtor's business.
If the debtor is a business with a cash register, a law enforcement official can go to the business and take enough money to satisfy your judgement and associated fees.It is possible for law enforcement to remain in the business establishment.A "keeper" is the officer who does this.The funds will be taken until the judgement is satisfied.You must complete another court form to request a "till tap" or "keeper."California requires you to complete arit of execution form.You have to pay significant fees in advance in some states.$60 to $100 is the average price for a till tap.The cost of a keeper depends on how long you want them to stay at the business.
Step 21: A judgment debtor should be examined.
Judgement debtor's examination is a procedure in which the judgement debtor must return to court.Questions about the debtor's finances must be answered in court.The debtor will be asked about his/her income, location and existence.Bank books and similar financial documents can be subpoenaed as part of the examination.The judge can order the defendants to turn over their assets.You must complete another court form to request a judgment debtor's examination.You have to complete a form in some states, such as California.
Step 22: The driver's license of the judgment debtor should be suspended.
If you win a small claims case and the other party doesn't pay, you can have their license suspended.If the judgement is under $750, you can request a 90-day suspension.You have to complete the form to use this option.If the judgment is over $750, you can request suspension.You have to complete the form to use this option.