Small Claims Court

Small Claims Court handles disputes involving no more than $8000 Suit must be for money only Plaintiff must be at least 18, or have someone

over 18 file on his/her behalf Procedures relaxed to make it easier for

people to represent themselves No jury; cases decided by the judge

Filing a Lawsuit

Should always try to settle before going to small claims court

Try and file suit as soon as reasonably possible If necessary, file a Complaint supplied to you by the

clerk of the court and pay the court costs Have to file at the court in the county where the

defendant resides, carries on a regular business, or is employed If it’s a tort action, file the suit where the cause of

action arose

Summons

Trial cannot be held until defendant has been served with a Summons to appear and a copy of the Complaint

Sent to defendant by certified mail, the sheriff, or a private process server

Trial

Plaintiff must prepare for trial since no lawyer Should write down summary of your side of

case Attend another trial to observe the

proceedings Collect all documents related to case Ask clerk to issue a subpoena for anyone who

can provide essential information

Money awards

Plaintiff can still receive their monetary awards even if defendant is not cooperating EXECUTION – court seizes and sells goods

the defendant owns (can order the defendant to appear in court to answer questions regarding the location of assets)

GARNISHMENT – court seizes money in defendant’s bank accounts

GARNISHMENT OF WAGES – court takes defendant’s wages

What should you do if you get sued?

File a Notice of Intention to Defend if you want to appear in court to explain your side

Request a Continuance if you can’t appear at designated time

Try to settle with plaintiff!!!