Going To Small Claims Court
How do I file a small claims case?
Small claims court cases are designed to be the easiest for members of the public to use. You simply go down to a small claims court, go to the clerk's office, and they will have a form. Generally, you just fill in names, you check off the kind of case it is, maybe you write down how much you want in damages, and file it. There is normally a nominal filing fee, maybe $10.00 in a lot of states, $20.00, and then you have it served. You can either get a friend to serve it or the Marshall will serve it on the person you are suing.
How should I try and resolve a small claims case myself?
It's always a good idea for parties to try to resolve the cases themselves. Of all the cases that are filed in court, if you add it up civil and criminal cases, less than five percent actually go to trial. You should always try to resolve a case amicably, before you file suit, and even after suit is filed and there's a lawsuit. Maybe the parties are a little angry at each other. It's always a good idea to try to say "look, can we work this out, so that we both can end up satisfied?" This is so that we're not just throwing a lot of time, and money, and aggravation into something that maybe we can get rid of. Maybe try to bring in a third party, like a mediator. Somebody who can help bridge the differences.
Where can I get help to prepare my small claims case?
For example, there's a Nolo press book on how to prepare a case for a small claims court. One way to do it is also to go in and listen. They're very informal. Typically there's either a judge or a court commissioner - someone who's appointed by a judge. They give each party a chance to speak, and will maybe ask some questions, and will then decide the case either there or perhaps you'll get a postcard or a letter later on. The best way to prepare is, just like any other case, to know whether you have a legally legitimate claim. What you think happened to you, does that constitute a legal issue? For example, if somebody looks at you bad, or maybe even calls you a name that you don't appreciate, that doesn't mean that you're entitled to damages. You always have to know whether or not the law recognizes your claim as valid.
