To file a small claims court case, the general steps are:
- Identify the correct defendant (person or business) whom you want to sue.
- Determine the exact amount you want to claim.
- Send a demand letter to the defendant requesting payment or resolution.
- Decide the appropriate court to file your claim, typically where the defendant lives or does business.
- Prepare the small claims complaint form or affidavit stating your claim and the amount.
- Prepare any required civil cover sheet if applicable.
- File the complaint with the court clerk and pay the filing fee.
You typically have to wait a specified time (for example, 10 or 15 days) after sending the demand letter before filing the case, depending on the local court rules. The filing fee varies based on your claim amount (for example, $40 to $150 depending on the dollar amount claimed). After filing, the court will notify the defendant, who has time to respond. If they fail to respond, you can seek a default judgment. If not, the case proceeds to a hearing or trial. Small claims court is designed to be less formal, cost-effective, and quicker for resolving disputes involving smaller amounts of money, usually without attorneys. Specific rules and forms depend on the jurisdiction, so it is best to check the court's website or self-help center for detailed instructions in your area. For example, Massachusetts and Nevada have slightly different procedural requirements and forms. This overview covers the main steps you need to take to file a small claims court case generally and some specific state nuances.