Small Claims Courts

Reclaim losses and small damages without a lawyer

If you're preparing to sue, keep all notes, messages, bills, receipts, contracts, leases and papers that may become evidence to support your claim.

If you have a problem involving a relatively small sum of money, small claims court may be able to help you solve it without hiring a lawyer. Small claims courts are courts of limited authority which use simplified procedures so that a citizen can sue by stating his or her position to the Clerk of Court or by mailing a letter to the clerk of court. This allows you to sue on your own behalf. Of course, you may still want to ask a lawyer to file suit for you in a small claims court.

Suits must be filed in the court with jurisdiction in the area where the person or firm you want to sue lives or does business. To locate the court, call the clerk of the court or justice of the peace where the person you are suing lives. At this time, ask for the filing fee, usually a small amount. Court costs are usually, but not always, assessed against the losing party, so if you file suit and accept an out-of-court settlement and drop the suit, you'll have to pay the court costs.

Keep copies of all information.

Sometimes you can get the potential defendant to correct or repair the damage before you sue. One way to do this is to send a letter by registered mail demanding that he take immediate action to repair or correct the matter. Keep a copy of this letter, because it may be useful later in court to show that you made a good faith attempt to get the defendant to repair the injury he caused. If you think the defendant will leave the area if he finds you might sue, just file suit and let the "service of process" by the court be his notice that he is being sued.

The judge decides

At the trial, there is no jury. The judge or justice of the peace will try the case and decide who wins and how much money, if any, will be awarded. The procedure is usually informal.

Go to the court at the time you are told to appear, wait for the clerk to call your case, then enter the court or the judge's chambers where the trial is to be held. You may be allowed to present evidence to disprove the case of the person or firm you are suing.

Bring evidence and witnesses to court.

The judge won't expect you to act like Perry Mason. Just tell your side of the story in a straightforward manner. Explain why you think that the defendant owes you money or why the firm has failed to live up to its commitment. Bring your evidence and witnesses if you have any. If you win, the judgement of the court becomes a legal obligation but you may have to take further action to collect. The defendant can also appeal, and you would have to wait for this decision before trying to collect.

For more information on small claims courts, contact your local county Extension office.