Free Small Claims Worksheet

The maximum amount of money for which the plaintiff can sue is set by each state's law. (See Jurisdictional Amounts for a state-specific list of maximum amounts.) Even if the claim is for more than the state's maximum, Small Claims Court can be used to sue for that maximum rather than go through a trial in another court. This is done by suing for the maximum amount allowed by the law, and giving up your right to sue for the remaining amount. While you will not be able to later sue for the balance of the claim, the net amount recovered may be more than if lawyer fees are required by bringing the case in formal court.

Another possibility is to split the claim based upon separate incidents or accidents. The defendant cannot be forced to defend more than once for any single incident, but separate claims, each for an amount within the court's maximum, may be filed against the same defendant for separate incidents. For example, if the defendant damaged the plaintiff's property on two separate occasions, each resulting in $2000 damage, the plaintiff can sue once for each $2000 incident, even if the state's maximum for small claims court is $2000. It is important to note that a plaintiff may not split his or her claim for damages arising out of a single incident. For example, you cannot sue in one case for property damage from a car accident, and also bring a separate case for personal injury. All claims arising out of a single incident must be brought in the same case and are subject to the limit set by state law.

The amount of the claim should include both the actual amount of damage due and any extra expenses incurred because of the damage. However, this generally does not include the plaintiff's time and expense in preparing to file the case. The plaintiff must be able to prove the amount of damages through the use of documents, photos, or other evidence, and the testimony at trial.

In determining the amount to claim in the suit, add up the total damages, loss, injury, etc. Remember that each element of the claim must be proven, including each element of the damages requested. The plaintiff should not overlook any damages, for example, interest on a promissory note, because the judge cannot award any amount not demanded in the petition. The claim should also include a request for court costs, which are the costs of administering Small Claims matters, including filing fees, service fees, etc.

In proving the damages, the plaintiff must be prepared to explain how he or she "mitigated" those damages, i.e., how the damages were kept to a minimum. For example, if the defendant moved out of an apartment prior to the end of the lease term, without permission of the landlord, the landlord will not be able to collect unpaid rent from the defendant/tenant for the entire remaining period of the lease unless the landlord can show that he or she made (unsuccessful) attempts to re-lease the premises, which would have reduced the loss.

Deciding the Amount of the Claim
In deciding how much to sue for under claims of property damage, the plaintiff should obtain verifiable estimates of the cost to repair the damaged property (not replace the property with newer property), as well as an estimate of the fair market value of the property immediately prior to the damage. Generally, the amount of the claim should be the lower of the cost of repair and the fair market value, although some states make exceptions to this rule. The plaintiff will not be allowed to better him/herself as a result of the incident. This principle may be unfair in the situation where the destroyed item was old, but in good condition. The item will have low value, the replacement cost will be high, and the plaintiff has the burden of proving the value.

Damage to some property may result in lost income due to the plaintiff's inability to use the property during repairs. For example, if the plaintiff is an independent taxi cab driver and her cab is damaged and must be repaired, she may be able to recover her lost income during the period of time the cab was being repaired.

For personal injury cases, add together out-of-pocket medical costs (not reimbursed by insurance), loss of pay for work missed (if the employee actually received less), and pain and suffering (if supported by medical bills). The amount claimed for pain and suffering cannot be determined by any precise mathematical formula. The appropriate amount will be decided and awarded by the judge or jury.

When the defendant is sued, he or she will receive a notice from the court clerk, either by mail or by personal delivery by the sheriff or a private process server. The notice will state the name and address of the plaintiff, the type of complaint, the amount of money or property claimed to be owed, and the time and date of the court hearing (trial). Some states require the defendant to file a written "answer" with the court clerk by a specified date after receiving notice of the claim. On this form, the defendant acknowledges that he or she is aware of the suit and he or she may admit or deny any or all of the claims made by the plaintiff. The defendant must deny all of the claims which he or she intends to dispute at the hearing.

Informal Settlement
Even after the suit has been filed, the defendant has an opportunity to settle the dispute out of court. He or she should consider compromise. Both time and money may be saved by all of the parties if the case is resolved prior to a court hearing. In order to avoid a court hearing, the defendant should notify the plaintiff of his or her settlement offer. If an agreement is reached, the parties should notify the clerk of court. In some states the parties must fill out and sign a settlement form to be presented to the judge. If the judge agrees that it is fair, and signs it, then both parties will be required by law to obey it.

The defendant should consider defending him/herself by:

1. denying liability,
   
2. arguing that the dollar claim is exaggerated, or
   
3. filing a counterclaim (a claim back against the plaintiff).

Third Party Claim
After considering the plaintiff's claim, the defendant may determine that someone else who is not a party to the action owes all or a part of the amount being claimed by the plaintiff. In that event, the defendant may file what is known as a "third party claim" to bring in the additional party. The court clerk should be advised of this.

Most states do not allow jury trials in small claims court. However, in some states, the defendant may be allowed to request a jury for claims which meet a minimum dollar amount. If this is allowed, the defendant must give the court clerk notice in advance of the hearing, and the claim will then automatically be removed from Small Claims Court to the regular Civil Division of District Court (names of courts vary by state). In District Court,

1. the parties will usually be charged additional fees;
2. there will likely be a more formal procedure than in Small Claims Court;
3. it will likely take longer to hear the case; and
4. the parties may need to hire lawyers to handle the procedural rules, and argue the case before the jury.

If the debtor refuses to pay the amount ordered by the court, and the time for appeal, if any, has passed, the creditor may wish to take legal action to enforce the judgment. There are several separate post-judgment collection procedures available. The debtor's wages or bank account can be garnished, or an execution can be made on other property owned by the debtor. Post-judgment collection procedures such as "garnishment" and "execution" may be complex and difficult, and it is important that the procedures be followed closely in order to successfully collect the judgment. As a result, it is recommended that you consult with a lawyer regarding available collection procedures.

Even though the procedures are more informal than regular court, the case must be proven by evidence. Evidence consists of facts. It includes what people saw. Written documents (copies, if the originals are not available) that help to show what happened or what was agreed upon, are essential for certain types of cases. Written documents can include contracts, leases, letters, receipts, notices, invoices, medical records, tax records, pay-check stubs, canceled checks, written estimates for repairs and police reports. An "affidavit" is a notarized written statement provided by some person who has personal knowledge of the events described in the statement. Affidavits may be accepted in court if that person, for good reasons, cannot be present in court at the trial.

Evidence may include statements that the defendant made to the plaintiff or to another person which admit that money is owed to the plaintiff or admit that the plaintiff does not owe money to the defendant. It is sometimes very helpful to introduce the actual damaged goods, for example, the vase that was broken or the jacket that was not properly sewn. Pictures, video tapes, films or cassette tapes are also useful to show to the court certain conditions or circumstances that are difficult to describe.

The type of evidence needed depends on the case and what must be proven. If the dispute is over a written contract of any kind, the plaintiff should bring the contract and show it to the judge. If there are claims for medical expenses or property damage, the bills showing these expenses should be assembled to be shown to the judge. If the suit is for the balance owing on an account, the plaintiff should bring to the hearing his or her records of the account, receipts, and any other agreements or correspondence pertaining to the account. If the claim is from damages in an automobile collision, the plaintiff should bring pictures of the damaged property and the scene of the accident as well as property damage documents and medical bills, if applicable. Evidence must be presented to prove every element of the case.

The judge is going to keep the evidence brought to trial. The party bringing the evidence should make a copy of anything he or she wishes to keep.

One method of legally enforcing the judgment is called execution. This is a procedure which commands the sheriff to seize property of the debtor which can be sold and the money from the sale applied to the judgment.

An execution cannot be issued until ten days (varies by state) after the judgment is entered. After this period has expired, the creditor may obtain an execution form from the court clerk in the county where the judgment was rendered. The sheriff "executes" it by searching for property of the debtor within the county. However, in many states, the sheriff will not proceed without an indication from the creditor stating specifically what property is to be seized. In many cases, executing on personal property is fruitless. That is because it is difficult to locate personal property that would yield enough cash at a public auction to cover: (a) prior debts on the item (for example, a bank car loan), (b) exempt amounts, and (c) selling expenses. Because of the problems that can arise in attempting an execution, it may be best to consult with a lawyer before proceeding with this step.

If there is no property in the county where the judgment was obtained, an execution may be issued in any county.

1. Personal Property. Some states require that execution must be made against the debtor's personal property first before any real estate. Personal property includes items such as household goods, tools, equipment, and automobiles.

2. Real Estate. If there is not enough personal property, the sheriff may then execute upon land. The sheriff may be provided with an execution for personal property and an execution for realty at the same time, so that if insufficient personal property is available, the sheriff can then execute on the real estate.

The sheriff often will require that the creditor post a bond to pay for any damages which might possibly be incurred in the event the attachment is proved wrongful in any way. Bonds may be purchased through an insurance company.

If the creditor has an execution on the debtor's property and the debt still remains, the creditor may need to have the property sold in order to collect the debt. A court order is often required before a sale can be held.

When attempting to collect on a judgment, it is important to note that certain property or assets owned by the defendant may be exempt under federal and state laws and cannot be taken for payment on the judgment. The types and amounts of exemptions vary by state, but typical exemptions may include: household furnishings up to $2000, jewelry and personal clothing up to $1000, trade tools up to $10,000, one motor vehicle up to $5000, one gun of any value, cash surrender value of life insurance up to $10,000 if the beneficiary is a family member, and unlimited amounts of alimony, the family residence, pensions and social security benefits. The dollar amounts listed represent the current market value of the items rather than the cost to purchase them.

In addition to the exemptions, many items of personal property may be subject to liens that were created when the defendant obtained a loan or other credit to purchase the item. This purchase money loan would have to be paid first from the proceeds of a sale of the item, then the exempt amount would be protected before any remaining proceeds could be taken. For example, if a state exempts $5,000 of equity in a motor vehicle, and the debtor owes the bank $6,000 on the vehicle, the sale should not be held unless the vehicle will bring at least $11,000 after subtracting the costs of the sale.

If the defendant receives notice that he or she has been sued, he or she MUST file an answer by the stated deadline and appear in court on the designated hearing date. If the defendant fails to answer or appear at the court hearing, the judge may enter a legal judgment against the defendant for all money or property claimed by the plaintiff and require the defendant to pay all court costs. A judgment is an official court order which may be enforced by garnishment of the defendant's wages or bank account or by seizing and selling his or her non-exempt property. The defendant can attempt to have the judgment "set aside" (invalidated) if he or she did not receive proper notice. Other excuses are usually ignored.

If the plaintiff fails to appear, the judge may dismiss the case and will probably prevent the plaintiff from re-filing the case a second time. Some states have an exception to this rule. If the plaintiff is suing on an account or written document for the payment of money, the plaintiff can prepare and file a "Verification and Affidavit" form (name of form differs by state) in the clerk's office, and will not be required to appear personally at the hearing. However, if the defendant does appear, there is a chance the plaintiff's claim will be denied by the court. It is strongly recommended that you always appear in person at the hearing.

One method of legally enforcing the judgment is called garnishment. Garnishment is a procedure whereby the successful plaintiff can obtain money or property which belongs to the defendant but is in the hands of a third person. There are several types of garnishment. The type that is probably most familiar is garnishment of wages, which is allowed in nearly all states. Additionally, if the debtor has money in any bank account, that money may be garnished. However, the plaintiff must first find out the location of such bank account, and must garnish it before the defendant empties the account.

In order to get a garnishment, the plaintiff must file an affidavit in the same court clerk's office in which the judgment was entered. The court clerk can supply the appropriate forms. When this affidavit is on file, a garnishment order can be served on the employer or bank ("garnishee") who has the defendant's money or property that the plaintiff wants. This order can be served by the sheriff or, in some states, sent by first class or certified mail. Expenses incurred in serving the order on the defendant, as well as the cost of garnishment, may be recoverable as costs and should be added to the amount requested in the garnishment.

The employer or bank, after being served, must comply with the garnishment order or else provide the court with an appropriate defense, for example, that the property is exempt from garnishment or that the employer or bank holds no assets owed to the defendant. Both federal and state laws limit the amount of wages which can be garnished, depending on the defendant's income. The clerk or sheriff should be able to assist the plaintiff in determining the amount that can be reached through garnishment, once the defendant's income is known. Absent a valid defense, the employer or bank is required to pay all of the non-exempt money that it holds, not to exceed the plaintiff's claim and costs. The employer or bank might not have all of the amount of the judgment, but what money the employer or bank has must be paid and applied toward the judgment, unless the employer or bank proves to the court that this money or property is exempt from garnishment. For example, money received for support of dependent children and benefits received by reason of age, illness, disability, or length of service may be exempt. If the employer or bank fails to pay money that the plaintiff thinks the employer or bank has, the plaintiff may bring a separate cause of action against the employer or bank. This is an independent claim, and the plaintiff should seek legal advice in pursuing this claim.

If the judgment was obtained in one county but the plaintiff has found someone who has money or property of the defendant in another county, it still may be possible to obtain a garnishment order from the court that rendered the judgment, and have it served on the employer or bank by the sheriff of the employer's or bank's county.

If the defendant works for an employer located out-of-state, the plaintiff may still be able to garnish wages, if the employer is subject to process in the state where the judgment was entered. The Secretary of State should be contacted to assist with this process.

No employer can fire an employee because the employee's wages are garnished once.

The hearing (trial) date will be set by the court clerk, to occur within a specified number of days. In some states, the hearing date is not set until the defendant files his or her answer to the plaintiff's claim. If the defendant fails to file an answer within the allowed time, then the court may enter a default judgment against the defendant, and a hearing may not be necessary. In any event, the hearing date will be set late enough to allow time for the defendant to receive, and respond to, notice of the claim. If the date is unreasonably inconvenient for either party, that party can submit a written request to the court clerk, asking that the date be changed, specifying the reason for the request.

General court rules do not allow testimony from a witness that is not "first-hand knowledge." If a witness testifies about something that someone else said, that is called "hearsay" and the court may refuse to allow it, even in small claims court. For example, a witness cannot testify "Jane Jones told me that she saw the defendant throw a rock through my car window," nor can a witness testify "Sam Smith, who is a great mechanic, looked at my car and told me that the defendant did a poor job on those repairs and they have to be done over." These are examples of "hearsay" testimony from someone without firsthand knowledge of the facts of the incident. The judge decides what testimony is allowed, and unless hearsay testimony falls into an exception to the rule against it, the judge will likely not allow it. In order to get the information admitted at the hearing, you must have the individual who actually said the statement present to testify to it.

Generally, there are two parties to a lawsuit -- the plaintiff and the defendant. The person or business who starts the lawsuit is called the plaintiff. The party being sued is called the defendant. A lawsuit begins when the plaintiff files a legal paper, called a complaint or petition, with the Small Claims Court clerk, which explains the disagreement.

Where to Sue
Decide in what county to file the small claims complaint and go to the court clerk's office in that county's courthouse. The small claims complaint may be filed in the county where the event occurred or where the defendant lives or does business (operates a place of business or dispatches sales representatives for the purpose of selling a product or service).

If the plaintiff is suing about an act that caused injury to someone or something, the suit may be brought in the county where the act happened. If the suit is against a corporation because of a breach of contract, then suit may be brought in the county in which the contract was made or where the contract was to have been performed. If the complaint concerns a contract but the defendant is not a corporation, then different rules apply and it may be best to file the complaint where the defendant lives. Also, if the defendant has no contacts with the plaintiff's state, it may be necessary to sue in the state where the defendant is located.

Stating the Claim
The plaintiff should tell the clerk that he or she wishes to file a small claims action. The clerk will supply a complaint form to fill out. The description of the claim to be set forth on the form should be very simple and concise, only enough to let the defendant know the nature of the claim and the amount. The details will be presented at the time of the hearing. The court may require that documentation be attached to the form for certain types of claims. The clerk is not a lawyer and is not legally authorized to assist in completing the complaint form or provide legal advice.

The plaintiff must supply the correct address of the defendant. If there is more than one defendant, the plaintiff must include the first and last name of each defendant and their current addresses. It is not the clerk's job to find the defendant's address for use by the plaintiff. If the address is not known, consider looking in the phone book, tax records, police file, or licensing records. If the suit is against a business, call the Secretary of State to determine if the business is incorporated and the corporation's agent for purposes of receiving notice of lawsuits. Give the Small Claims Court clerk the agent's name and address for service. If the business is unincorporated, the name of the owner(s) or partner(s) should be listed, followed by "...doing business as _______________," with the name of the business inserted.

If the claim is against an out of state corporation with no process agent listed for the state in which the plaintiff lives, then notice should be sent to the Secretary of State. The plaintiff will be responsible for the out-of-state service fee. If the plaintiff cannot determine who to sue and there are several parties involved, the claim may be too complex for Small Claims Court, and a private lawyer should be contacted for advice and assistance. It may be necessary to sue the business in the state where it is located if it does not do business in the state of the plaintiff.

If the claim arises from a vehicle accident, both the driver and the registered owner(s) should be listed as defendants. This information may be included on the police report of the accident or obtained from the county office where vehicle licenses are processed.

If the defendant is a minor, both the minor and the parent(s)/legal guardian(s) should be listed as defendants. It may be difficult to sue minors for breach of contract because they can avoid legal liability for contracts which are not for a "necessity of life." Furthermore, minors often do not have an income or very many assets from which to collect a judgment, and most states limit the amount for which parents are liable for the acts of their children.

A lawyer should be consulted if suit is to be brought against a governmental entity or against the estate of a deceased person.

In order to afford due protection to defendants who are away in the military, the plaintiff must usually sign a document stating that he or she "reasonably believes" that the defendant is not on active duty in the military.

After the judge has heard all of the evidence presented by the parties, he or she will sometimes decide the case while the parties are still present by issuing a "judgment." A judgment is the final decision of the judge resolving the dispute and determining the rights and obligations of the parties. However, in some cases, the judge may "take the matter under consideration," which means he or she will rule at a later time. In that case, the parties will be notified of the ruling by mail. A typical judgment entry includes interest to be paid to the successful party on the award, and usually requires the losing party to pay the costs of filing and serving the lawsuit.

In order to enforce the judgment, the plaintiff will need to know if the defendant owns any property which can be seized, such as land or an automobile, or has a bank account or a salary from an employer which can be garnished. If the plaintiff does not know this information and cannot learn it without help, most states permit the plaintiff to obtain the information from the defendant through the use of written questions. This is sometimes referred to as a "judgment debtor examination."

To schedule a judgment debtor examination in some states, the plaintiff must first obtain an "execution" form from the clerk's office and then fill out a form directing the sheriff to make a demand on the defendant for payment. If this demand is returned by the sheriff "unsatisfied," that is, the judgment is not paid, only then can the plaintiff ask the clerk's office to notify the defendant by written notice that he or she must come to the courthouse and answer questions under oath concerning his or her assets, including employment information.

In order to bring the defendant into court to answer the questions, the plaintiff should:

1. Write down every question that the plaintiff wants the defendant to answer that will help satisfy the judgment.

2. Make arrangements with the court clerk for a time and place where the defendant should appear to answer the questions.

3. Send a copy of the questions to the defendant with a notice stating
   
   1. the name and address of the defendant who is to answer the questions,
      
   2. the name and address of the person before whom the defendant must appear to answer the questions, and
      
   3. when and where the defendant must appear to answer the questions. The plaintiff should keep a copy of this list and make sure the clerk has a copy.
4. To ensure that the defendant appears on the assigned date, the plaintiff should have the defendant subpoenaed. At the request of the plaintiff, the clerk will issue a subpoena for attendance. If the sheriff is to serve the subpoena, the plaintiff must pay the fee for service.
5. If the defendant fails to answer the questions, the plaintiff may request that the court issue an order requiring the defendant to answer the questions.

There are instances when a defendant has no job or other income and no assets that can be seized. This type of defendant is "judgment proof" and there is no way to immediately collect the judgment. Also, collecting any money from "fly-by-night operators" located in another area, or from companies no longer in business, or from people who have filed bankruptcy after the judgment, may be impossible.

In addition, if the plaintiff obtained the judgment because the defendant did not appear in court, and the defendant has already moved and left no forwarding address, the plaintiff will probably be unable to collect the judgment due to the fact that locating the defendant will be impossible. However, in most states, the judgment is good for 10-15 years (varies by state). If the plaintiff can keep track of the defendant's address, the plaintiff can continue to attempt to call the defendant into court to determine the defendant's assets or employment. Over that period of time, the defendant may acquire some assets which can be attached, or obtain a job against which the plaintiff can garnish wages.

The maximum amount for which you can sue in small claims court varies from state to state. You should contact the small claims court where the suit may be brought to verify the small claims maximum amount before filing suit. Recently the following amounts were the maximum jurisdictional limits in the 50 states:

Alabama $3,000

Alaska $7,500

Arizona $2,500

Arkansas $5,000

California $5,000

Colorado $7,500

Connecticut $3,500

Delaware $15,000

District of Columbia $5,000

Florida $5,000

Georgia $15,000

Hawaii $3,500

Idaho $4,000

Illinois $5,000

Indiana $6,000 effective July 1, 2005

Iowa $5,000

Kansas $1,800

Kentucky $1,500

Louisiana $3,000

Maine $4,500

Maryland $5,000

Massachusetts $2,000

Michigan $3,000

Minnesota $7,500

Mississippi $2,500

Missouri $3,000

Montana $3,000

Nebraska $2,400

Nevada $5,000

New Hampshire $5,000

New Jersey $3,000

New Mexico $10,000

New York $3,000

North Carolina $4,000

North Dakota $5,000

Ohio $3,000

Oklahoma $4,500

Oregon $5,000

Pennsylvania $10,000

Rhode Island $1,500

South Carolina $7,500

South Dakota $8,000

Tennessee $15,000

Texas $5,000

Utah $5,000

Vermont $3,500

Virginia $2,000

Washington $4,000

West Virginia $5,000

Wisconsin $5,000

Wyoming $3,000

In order to succeed in Small Claims Court, the plaintiff must be able to prove that the defendant is legally responsible ("liable") for the damages. Not all damages suffered by the plaintiff can be recovered from the defendant. For example, an unfulfilled promise of a gift cannot be sued upon because there is no legal theory upon which to hold the defendant/promisor liable.

Types of Lawsuits
The following are examples of the types of lawsuits which CAN be brought, provided that all of the legal elements can be proven to establish liability on the part of the defendant and resultant loss to the plaintiff:

1. The defendant has breached an oral, written or implied contract. The elements of a binding contract are offer, acceptance (or collectively, an agreement on the part of both parties) and payment or "consideration" (something was given in exchange for something in return). The consideration can be a promise to do something in the future.

2. The defendant acted negligently. The elements of a negligence claim are (i) a duty on the part of the defendant to act reasonable under the circumstances, (ii) breach of that duty, and (iii) the breach caused the plaintiff's injuries or property damages. However, if the plaintiff's own conduct contributed to the damages, the plaintiff will need to check the state law regarding "comparative fault." Some states allow the plaintiff to recover for the proportion of damages caused by the defendant; other states deny recovery if the plaintiff was at fault more than 50%.

3. The defendant acted intentionally to cause injury or damage to the plaintiff. Here, punitive damages may even be recoverable, provided that they are allowed in the small claims court, and further provided that they fall within the small claims court maximum amounts.

4. The defendant's product was defective and caused injury or damage.

5. The defendant's product failed to live up to the seller's oral, written or implied warranty, and the defendant has refused to repair or replace the defective product.

6. The defendant has violated a statutory right held by the plaintiff; for example, the plaintiff bought goods from the defendant's door-to-door salesperson and the defendant refuses to allow the plaintiff to return the goods for a refund within the 3 days provided by law.

This is not a complete list, there are other types of claims available. However, these are the most common. If you have a particularly unusual claim or you are not sure of the legal basis, it is recommended that you consult with a lawyer.

After a defendant has been notified of a lawsuit, they have a time period in which to respond. If the Defendant does not respond then you will win by default and there will be no need to prepare the case for hearing or trial. If the Defendant answers the suit, a date and time will be assigned for the hearing or trial and case preparation may begin.

A judgment in small claims court is a legally enforceable court order entitling the winning party to receive the money awarded by the court. When the judge decides the case, the losing party may be ordered to pay the plaintiff the money owed, in a lump sum or in installments. However, on occasion, a judge will allow the defendant additional time before the judgment must be paid. In any event, the plaintiff should do nothing until after the time has passed during which the defendant can appeal or ask to have a default judgment "set aside" (invalidated). The defendant should not be spurred into making an appeal during that time by being reminded of the judgment.

If the defendant fails to pay the judgment ordered by the court by the specified due date (time varies by state), additional action may be necessary. Although a judgment is a legally enforceable court order, the plaintiff is responsible for taking any additional action necessary to collect the money. The plaintiff should contact the defendant to attempt to collect the judgment. If the judgment can be collected in this way, time and money will be saved, and complex post-judgment collection procedures can be avoided.

Choosing to Wait
The plaintiff could also choose to do nothing. In many states, judgments automatically attach as a lien against any real estate located in the county where the judgment is obtained, including a home owned by the person owing the judgment. The lien is usually good for 10-15 years (state-specific) and if the property is sold within that time, normally the lien must be satisfied, which means that the plaintiff is paid. In other states, the judgment can be filed in the appropriate county to create such a lien. If the defendant makes a partial payment, the plaintiff should photocopy the check before cashing it. That way, if the defendant later stops making payments before the entire judgment is satisfied, the plaintiff at least has bank account information about the defendant.

The plaintiff should plan what he or she will say at the hearing (trial) and assemble the necessary evidence. All of the facts concerning the case must be presented to the judge in a simple, logical manner. Start at the beginning and tell the story to the end. It is a good idea, if your schedule permits, to observe another hearing prior to your own to get an idea of how Small Claims Court operates. The judge will make his or her decision based upon the evidence presented and/or the credibility of the witnesses.

The plaintiff may also want to go to a law library and do some homework in order to better understand the legal issues. Usually your county courthouse or public library has books available containing the state's laws.

The hearing is informal. The plaintiff will get an opportunity to tell his or her version of the situation first; then the defendant. The parties should keep the story as short as possible without neglecting important facts, and should not repeat. The judge is concerned only with the facts relevant to the case. The judge is the sole individual who will decide the case and the only person that needs to be convinced. The parties should speak only to the judge and should never argue with the other party. Even though the parties are familiar with the case, the judge is not; therefore, it is important that each party state everything as clearly as possible and support his or her statements with evidence. Consider everything from the judge's perspective.

Courtroom appearance. The plaintiff should:

• dress neatly;
• stand while talking to the judge;
• introduce him/herself;
• use notes rather than read a prepared statement;
• be polite at all times, address the other party as Mr. Smith or Ms. Jones, and never interrupt or make facial expressions when the judge or the other party is speaking;
• be brief;
• be prepared;
• listen to the judge;
• act natural (not attempt to act like a lawyer).

If/When the defendant pays the full amount of the judgment, the plaintiff should file a Satisfaction of Judgment form with the Court Clerk. This tells the court that the judgment has been paid, and also makes it a public record that the judgment has been taken care of. Some states provide for penalties/remedies against the plaintiff if the plaintiff fails to provide a Satisfaction of Judgment within a reasonable period of time following demand by the defendant.

After completing and signing the complaint form, the plaintiff must pay the filing fee and tell the clerk whether the defendant(s) is/are to be sent a copy by certified mail, return receipt requested, or if the sheriff or private process server, is to personally deliver the complaint to the defendant(s). In order to obtain a judgment against each defendant, every defendant listed must receive a copy of the petition, even if the defendants are living in the same house. The plaintiff must pay the mailing cost or the sheriff's fee in advance.

If the complaint was sent to the defendant by certified mail and the post office could not deliver it (possibly because the defendant refused to accept delivery), then the plaintiff should ask the sheriff or a private process server, to deliver the complaint. Once the sheriff or process server successfully serves the defendant with the papers, the date of service will be filed with the clerk.

The plaintiff should check back with the clerk a few days before the scheduled hearing date, to verify that the defendant received a copy of the complaint. The clerk usually does not send this information to the plaintiff. Remember, the case will not be heard by the judge until a specified number of days after the defendant receives a copy of the complaint (or, in some states, after defendant has answered or failed to answer the complaint). If the defendant fails to show up at the hearing, the plaintiff must be able to prove to the judge that the defendant received proper notice.

Any costs incurred when filing the claim (for example, filing fees and costs of service on the defendant) are considered court costs, which can be included in the amount of the judgment.

1. The Small Claims Worksheet is not a legal document and does not require any signature, witnesses or notarization.

2. The Worksheet is an organizational and educational tool for using the small claims court. After completing this worksheet, if there is uncertainty about whether small claims court is appropriate for a specific claim, a lawyer should be consulted. This worksheet should be provided to that lawyer, who will review the information and offer advice regarding how to proceed.

Most states have set up a small claims division of District Court in each county to provide an inexpensive and speedy method to settle most civil disputes involving money or personal property valued at several thousand dollars or less. Each state has set its own maximum value of a dispute that may be brought into small claims court. The procedures of the court are informal, and while some states allow a lawyer to appear with the plaintiff, Small Claims Court is designed to let the plaintiff represent him/herself. The personnel at the courthouse are there to serve and will be glad to answer questions about various procedural matters. The basic filing fees generally range from $25 to $50, and the judge or hearing officer may order that these costs should remember, however, that the clerks and the judges cannot give legal advice.

Ceilings on Amounts Claimed and Filing Fees
The amount that may be sought in Small Claims Court varies from state to state. The amounts range from $1,000 to $15,000. (See Jurisdictional Amounts for a state-specific list of maximum amounts.) be paid by the party who loses the case.

The Court Hearing Process
In Small Claims Court, the two parties involved in the dispute go to the court at a preassigned time and each party tells their side of the story to the judge with the plaintiff going first. The plaintiff has the burden of proving that there is liability on the part of the defendant, that the defendant caused the damages suffered by the plaintiff, and the amount of the damages. The judge makes a decision based on the law as applied to the facts presented. No juries are used in Small Claims Court. Most states allow the losing party to appeal a small claims judgment.

In Small Claims Court, the plaintiff is given only one date to appear, and that is the hearing date, or trial date. The plaintiff must have all of the evidence and witnesses ready and in the court on that date. Any evidence which the plaintiff had, but did not bring along on the hearing date, cannot be considered by the judge in deciding the case.

If the plaintiff fails to appear, the judge may dismiss the case and will probably prevent the plaintiff from re-filing the case a second time. Some states have an exception to this rule. If the plaintiff is suing on an account or written document for the payment of money, the plaintiff can prepare and file a "Verification and Affidavit" form (name of form differs by state) in the clerk's office, and will not be required to appear personally at the hearing. However, if the defendant does appear, there is a chance the plaintiff's claim will be denied by the court. It is strongly recommended that you always appear in person at the hearing.

On the hearing date, the plaintiff should get to the courtroom early. He or she should have the evidence and witnesses along that will be needed to prove the case.

When the case is called by the court officer, the plaintiff should approach the front of the courtroom and tell the judge that he or she is present. The judge should be addressed as either "Judge" or "Your Honor." Even though the trial will generally be conducted informally, respect for the court must be shown at all times. The judge will then swear in both parties by asking them if they will tell the truth about the disagreement. The plaintiff will tell his or her side of the story. The judge may ask questions so that the judge understands the plaintiff's claim better. At the time the plaintiff presents his or her side of the story, he or she may also call any witnesses or present any evidence to the judge. Each party can also question the other party and his or her witnesses.

If the defendant does not show up for the hearing ("defaults"), the plaintiff must still be prepared to show the court proof of the claim. If the plaintiff does not appear for the hearing, the case may be dismissed and the court may award a counterclaim if the defendant can prove his or her claim against the plaintiff.

If the plaintiff and defendant reach a settlement before the hearing, they should notify the court clerk. In some states, the parties should also get a settlement form from the clerk, sign it, and give it to the judge at the hearing. If the judge accepts the settlement, it then becomes a legally-enforceable agreement.

If either side wants the testimony at the hearing to be recorded, he or she must ask the judge for a court reporter or ask to have the proceedings taped. A court reporter is someone who makes a complete record of everything said at the hearing. This should not be left until the last minute. Any costs of having the testimony reported or taped will be charged to the party requesting it and can be quite expensive. In most cases, there is no need to have the testimony preserved in this manner. Instead, the judge will normally take adequate notes concerning testimony.

The amount of the claim must be within the maximum amount allowed by the state. The claim may include actual damages and court costs. Typically, small claims courts are used to resolve disputes involving contracts, automobile accidents, defective products, landlord-tenant, and claims against property owners, to name just a few. But certain kinds of claims may not be allowed in Small Claims Court. For example, criminal actions, cases of libel, slander, professional malpractice, assigned claims, alienation of affections, malicious prosecution, abuse of process, punitive damages meant as punishment for wrongful conduct, or an injunction to stop some activity. These types of claims may be required to be brought in another court. Check your state's laws to verify that your claim may be brought in Small Claims Court.

Furthermore, complicated lawsuits should not be filed in Small Claims Court even if the loss is under the state's maximum. Nor is the Court effective in resolving complaints when the wrongdoer cannot be found. And finally, the Court is not the answer when the claim is against fly-by-night operators, companies no longer in business, people who have filed bankruptcy, or individuals who have no money or property.

It is important to file suit promptly after realizing that no settlement can be reached. The law sets a specific time period ("statute of limitation") within which a person must file suit. After this period expires, the person cannot file suit. Statutes of limitation vary with the type of claim. The purpose of these statutes is to require the filing of lawsuits before the evidence becomes "stale," recognizing that memories fade and witnesses become unavailable. For example, claims involving oral contracts must usually be brought within five years from the time the contract was made. Written contracts generally have a longer statute of limitation. Some personal injury claims have only a one-year statute of limitation. If in doubt about whether the claim is being brought within the proper time, the plaintiff should file suit immediately. If too much time has passed, the judge will dismiss the claim and the plaintiff will lose the filing fee.

Before filing a suit in Small Claims Court, the plaintiff should always contact the other party and try to settle the dispute informally because litigation can be both time-consuming and expensive. Many states require that a "demand letter" be sent to the defendant before a suit can be filed so that settlement can be explored and litigation possibly avoided. If a settlement is reached, the agreement should be put in writing, contain all of the terms of the agreement, and it should be signed by both parties.

In some cases, a person may be "judgment proof" because of a lack of income or property. Therefore, even if the plaintiff is successful, there may be no way to collect the money from the defendant. If this appears to be the case, the plaintiff should seriously consider whether its worth the time and effort of filing suit. However, judgments are valid for a number of years and can usually be renewed thereafter.

Some states prohibit certain categories of parties from suing in Small Claims Court, such as: a person or organization in the business of lending money at interest, a collection agency or collection agent, or a person or organization with an assigned claim.

A parent or legal guardian must appear in Small Claims Court on behalf of a minor or a person adjudged mentally disabled.

Number of Plaintiffs and Claims
There can be multiple plaintiffs ("co-plaintiffs") if the claim arises out of a common contract or event, where more than one plaintiff was damaged. For example, if Husband and Wife were each injured in an automobile accident which was negligently caused by the defendant, the husband and wife can sue the defendant together as co-plaintiffs. Keep in mind, however, that the total damages claimed in the lawsuit must not exceed the maximum amount allowed in the small claims court.

Some states limit the number of claims (for example, 25) that any single plaintiff may bring in any one calendar year in the Small Claims Court.

Corporations and Small Claims Court
Some states prohibit a corporation from suing in Small Claims Court. Others require that if the plaintiff is a corporation or partnership, the person who comes to the trial/hearing must be:

1. an officer of the corporation,
2. a person regularly employed in a managerial capacity by the corporation or partnership, or
3. a lawyer acting on behalf of the corporation.

A witness is a person who either heard or saw what happened or who has first-hand knowledge about the matter in dispute. If the plaintiff feels that the witness is likely to be helpful, the plaintiff may informally ask a witness to appear in court. Individuals who were actually involved in the original matter should appear in court and give their version of the facts. Also, "witnesses" who did not view the incident, but who are qualified to report on damages or liability may give "expert" testimony to the judge. For example, a business employee could testify about standard business practices.

If the plaintiff wants someone to testify for him/her, and that person will not willingly come to court, the plaintiff can ask the court clerk to provide the plaintiff with a signed "subpoena" which is a court order to a witness to appear at a certain time and place to give testimony upon a certain matter. The plaintiff must fill out the subpoena and see that it is served on that witness. The subpoena may be served by the sheriff or by a disinterested person over 18 years old by delivering or attempting to deliver the subpoena to the witness. The plaintiff must deliver the subpoena to the server, and pay the fee to have it served. The subpoena should be delivered well in advance of the hearing date and the plaintiff should be sure that the witness knows exactly where and when to appear.

The plaintiff should meet or talk with the witness before the hearing to discuss with the witness his or her testimony. Expert witnesses, who can testify to an important aspect of the case, even though they were not eyewitnesses, can be paid a fee for their testimony (however, these fees are generally not recoverable as "court costs" from the losing party). Non-expert witnesses can receive only the witness fee set by law, which is usually a fixed amount plus mileage to the courthouse. This amount must usually be paid by the plaintiff at the time a subpoena is requested, and the judge may later allow a successful plaintiff to recover this fee from the defendant, depending upon if the witness was essential to the case.

The plaintiff can also subpoena necessary documents which are in the custody of another person. But first, a request should be made to the defendant or other party to produce them voluntarily.