Small Claims Court Basics

If a defendant has no contact or business in your state, you will likely have to sue in a state where the defendant resides or does business. If it becomes necessary to file your small claims court action in another state, the process may become unwieldy, complicated, and expensive. If this occurs, it may not make sense to pursue your matter in this manner.

Notify the defendant. After you have filed your claim in small claims court, you must arrange to give each defendant a copy of your claim before your case is scheduled to be heard. It is your responsibility to make sure that each defendant is notified. The cost of the notification is borne by the person filing the claim.

There are three basic ways to effect notification of the defendant:

1. Certified mail by the court clerk;
2. Personal service by process server; and
3. Substitute service by process server at the defendant's home or place of business.

Preparing for the case. You should prepare your case as thoroughly as you can. You are the one who best knows the facts that occurred. Gather documents. Seek out witnesses and ask them to appear in court on your behalf. Think of what the defendant will say and what evidence he or she will bring to court. Make notes of what you will ask the defendant. Practice what you will say to the judge. Write notes of what you will say.

It is also a good idea to go to the court where your claim will be heard and watch a couple of small claims court cases so you will know what will be required of you. In doing this, you will also get an idea of the temperament of the judge who will hear your case.

Your day in court. Make certain that you have all of your documents and that your witnesses are available for court. Arrive early to give yourself enough time to get organized and relax. The courtroom procedures for small claims court actions are informal, and the judge will give you guidance for how to proceed. When your case is heard, the judge will do everything to guide you through the process.

Be brief and succinct when explaining your case. Answer all of the questions the judge may pose. Be prepared to explain the amount of money you are claiming. Don't get into an arguing mode.

If you win, you should ask the judge to award you your court costs and any other costs reasonably incurred in bringing the action.

Appealing a small claims court decision. Appealing a small claims court decision is limited for both plaintiffs and defendants. In many states, only the party who was sued can appeal. In some states, a decision may only be appealed if there was a mistake of law, not a mistake on the facts of the case. Also, there is typically a very short time within which to appeal a small claims court decision, generally ranging from 10 to 30 days after the decision was rendered.

A party may be represented by an attorney on appeal of a small claims court decision. The reason an attorney is allowed on appeal is that appeals from small claims court decisions are heard in formal court. And although attorneys are allowed for small claims court appeals, the court proceedings remain informal, as with the small claims court trial itself. It will be up to you whether you decide to hire an attorney for an appeal. For a more detailed discussion, see Appealing a Small Claims Court Decision at AllBusiness.com.

For more information, go to the Litigation section of the Legal Center at AllBusiness.com.