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Before we continue, you should know that although this article is
written from the point of view of the plaintiff in Small Claims Court, the principles discussed apply to the defendant also.
If you're the defendant, this article will explain what is required of the plaintiff in order for him to have his day in court and for you
to effectively defend yourself.
The first step involved in pursuing your money through Small Claims Court is to file a claim. You can file in person at the courthouse or by
downloading a form from your state's website. The form will usually direct you to the court nearest the defendant in the case.
If the
defendant has no offices in the state where you want to file the claim, you may have to file at the Small Claims Court in your
state's capitol or maybe even in the defendant's home
state.
Filing fees vary depending on the court in question, but they usually run between $25 and $50. These fees are generally not refundable and they must be paid up-front when you file the suit.
Your trial date will be set for the next available court date, usually allowing two or more weeks for the defendant to schedule.
Either party may postpone or reschedule the trial (within
reason) and the other parties involved in
the case must be notified.
Once you're assigned a court date, you need to begin compiling all of the information pertaining to your case. But before you begin organizing your information,
remember that your trial in Small Claims Court will proceed in two distinct phases: proof and
damages.
As the plaintiff, you alone bear the burden of proof in your case. You must be prepared to prove that damages
actually occurred. This means that if the
defendant contracted with you to do something, you'd better be able to prove that you had a
contract and that you actually did what the defendant contracted you to do.
For many, this is the most difficult part of the case. This is why keeping very detailed records and verifiable tracking methods is crucial in conducting your business. And if you don't have proof that a contract was established and agreed to by both parties, you mist likely won't get very far in the courtroom.
Small Claims Court, Part 3 >>
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