Sue Someone in Small Claims Court
When someone does you wrong and ends up costing you money, it's important that you get the matter resolved as quickly as possible. Small claims court exists specifically for this purpose and is an economical way to have your dispute heard before a judge without the necessity of having to hire an attorney or sit through a lengthy jury deliberation. Here's what you need to know.
Instructions
1. Assemble all of the evidence which establishes that the opposing party owes you money. This evidence will generally be in the form of written contracts and agreements, canceled checks and receipts, and photographs of damage done to your personal property. If there were witnesses to the dispute, you will also need to have notarized statements from them.
2. Determine how much money is at issue. There are limitations on the amount of money you can sue for in small claims court. Although the limits vary from state to state, there is generally a cap of $7,000 in any given year. (This amount can be higher or lower depending on the state.) If the outstanding payments or the amount of damage exceeds this cap, you'll need to take your case to a higher court.
3. Determine whether the statue of limitations has expired to file a claim. If, for instance, you wake up one day and realize that your brother-in-law borrowed money from you 15 years ago and still hasn't paid it back, you can't take him to small claims court to now collect it because too much time has passed. If, however, an event occurred 2 to 4 years ago (such as a broken contract, fraud, property damage or personal injury), you can file a case.
4. You can file your case at one of three venues: the court nearest to where the event occurred, the court nearest your home or business, or the court nearest the individual you are suing. Your phone book or the Internet can help you locate the courthouse you want to have your case heard in.
5. Fill out a Plaintiff's Claim and pay the appropriate fees to the court clerk to get your case put on the judge's docket of upcoming hearings. (You are the Plaintiff in the case; the person you are suing is called the Defendant.)
6. Provide the Defendant with a copy of your Plaintiff's Claim. Neither you nor anyone who is a witness or involved in your court case can do the process serving. To accomplish this, you will either need to hire a registered process server, pay a fee for someone from the sheriff's department to serve it for you, or have the court clerk serve it by certified mail. (If the recipient refuses to sign for a certified letter, however, it doesn't constitute delivery.) You will need to provide the court with a copy of the Proof of Service, a document which proves that the Defendant has received the material. If you have named multiple parties in your claim, each individual needs to be served separately.
7. Show up punctually for your hearing date. Depending on the judge's caseload, hearings for small claims court proceedings are scheduled 20 to 70 days after the paperwork has been filed. The duration of the hearing is usually about an hour but can vary in length depending on the number of parties and the complexity of the issue.
8. State your case when called and present your evidence to the judge. It's critical to establish that you have made every reasonable attempt to collect the money without having to take the matter to court. The opposing party will then have an opportunity to state his side of the story. After that, the judge will render a decision.
Tags: your case, claims court, court nearest, court clerk, event occurred
