How To Sue in Small Claims Court

  • March 26, 2010
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If you’re having trouble collecting money from someone, consider using the court system.

You Will Need

  • Court forms
  • Information and evidence
  • Preparation skills
  • Knowledge of court etiquette
  • Confidence
  • Tenacity
How To Sue in Small Claims Court: Fill out the proper form

Step 1: Fill out the proper form

Fill out the proper form. Forms vary from state by state, so inquire at your local court.

How To Sue in Small Claims Court: Wait on the defendant’s response

Step 2: Wait on the defendant’s response

Wait on the defendant’s response. The defendant is the person you’re suing, and they may have up to 30 days to respond.

How To Sue in Small Claims Court: Anticipate a response

Step 3: Anticipate a response

Anticipate a response. You, the plaintiff, may receive payment from the defendant and can fill out a dismissal form to end the proceedings – but if not, forge ahead.

How To Sue in Small Claims Court: Prepare your case

Step 4: Prepare your case

Prepare your case. Gather your information and evidence.

How To Sue in Small Claims Court: Practice what you'll say

Step 5: Practice what you'll say

Practice what you’ll say. Clearly and concisely, state what the problem is and how much you are requesting, including any court costs.

How To Sue in Small Claims Court: Brush up on court etiquette

Step 6: Brush up on court etiquette

Brush up on court etiquette. Remember to address the judge as “your honor,” dress appropriately, and stand when you present your case – and don’t address the defendant directly.

How To Sue in Small Claims Court: Be confident

Step 7: Be confident

Be confident. You can now present your case in the best way possible.

In small claims court, you’re only awarded money. So if you need help with other matters, ask the clerk to point you to the right court.

How To Sue in Small Claims Court: Be tenacious

Step 8: Be tenacious

Be tenacious. If the defendant doesn’t pay within the allotted time period, you may need a lawyer’s assistance – the court will not actually collect any money owed you.

Did you know? In 2002, New Yorker Caesar Barber filed a lawsuit against several fast food restaurants, blaming them for causing his obesity. The lawsuit never made it to court.

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