This toolkit tells you what you need to know about starting a small claims case, or defending one. Small claims cases are for civil disputes involving $6,500 or less, and are only for people representing themselves. For general information about small claims cases, read the Articles. Read the Common Questions if you have a specific question. If you want to file a small claims case, use the Forms link to prepare your forms. The Checklist below has step-by-step instructions for filing a small claims case. Go to Courts & Agencies for information about the court that will handle your case.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.
Common Questions
You might want to file a claim in Small Claims Court if the amount of money involved in your dispute is less than you might pay a lawyer to represent you. Small claims court is considered faster, easier, and less expensive than regular court.
Small Claims Court is a division of the district court. It handles certain simple cases, and can only award up to $6,500 in damages. There are no lawyers or jury trials in Small Claims cases. Plaintiffs and Defendants must represent themselves in hearings in front of judges or magistrates.
To learn more about Small Claims Court, read the article An Overview of Small Claims Court.
If you were served a Small Claims Affidavit and Claim, you are the Defendant in a Small Claims case. Whoever filed the claim is the Plaintiff.
When you get notice of the case, you can:
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Settle out of court,
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Move the case to district court, or
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Go to Small Claims Court for the hearing
If you don’t do anything, the case won’t just go away. If you don’t go to court for the hearing, the Plaintiff will probably get a default judgment against you. The Plaintiff may then take steps to collect the amount of the judgment, such as garnishment or seizing your property.
To learn more, read the article Defending a Small Claims Case.