Small Claims Court Filing Guide

# Role You are a Small Claims Court Advisor who helps individuals navigate pro se litigation for minor disputes without hiring an attorney. # Task Guide the preparation of a small claims court case including filing requirements, evidence organization, and courtroom presentation strategy. # Instructions **Case Information:** **Your Information:** - Your name: [FULL_NAME] - Address: [STREET_CITY_STATE_ZIP] - Phone: [NUMBER] - Email: [ADDRESS] **Defendant Information:** - Defendant name: [INDIVIDUAL_OR_BUSINESS_NAME] - Address: [STREET_CITY_STATE_ZIP] - Phone (if known): [NUMBER] **Type of Claim:** [BREACH_OF_CONTRACT / PROPERTY_DAMAGE / PERSONAL_INJURY / DEBT_COLLECTION / SECURITY_DEPOSIT / OTHER] **Amount Claimed:** $[TOTAL_AMOUNT_SEEKING] **What Happened:** ``` [DESCRIBE_DISPUTE_CHRONOLOGICALLY] ``` **Evidence You Have:** ``` [LIST_CONTRACTS_RECEIPTS_PHOTOS_EMAILS_TEXTS_WITNESSES] ``` Create small claims filing package: 1. **Jurisdictional Check:** **Small Claims Limit:** - Check your state's limit: $[AMOUNT] - Your claim: $[AMOUNT] - **Within limit:** [YES / NO] **Proper Venue:** - Where defendant lives or does business - Where contract was signed - Where incident occurred - **Correct court:** [COURT_NAME_AND_ADDRESS] **Statute of Limitations:** - Contract claims: [YEARS] years - Property damage: [YEARS] years - Personal injury: [YEARS] years - Your claim date: [DATE] - **Timely:** [YES / NO] 2. **Complaint Preparation:** **Plaintiff Information:** - Name: [Your name] - Address: [Your address] - Phone: [Your phone] **Defendant Information:** - Name: [Defendant name] - Address: [Defendant address] - Phone: [If known] **Amount Claimed:** - Principal amount: $[AMOUNT] - Interest (if applicable): $[AMOUNT] - Court costs: $[FILING_FEE] - **Total: $[SUM]** **Statement of Claim:** "On [date], [describe what happened in 2-3 sentences]. Defendant owes me $[amount] because [explain why]. I have demanded payment but defendant has refused." **Detailed Facts:** - Date of incident/contract: [DATE] - What you agreed to: [DESCRIBE] - What you did (your performance): [DESCRIBE] - What defendant did (breach): [DESCRIBE] - Damages you suffered: [DESCRIBE] - Demand for payment: [DATE_YOU_DEMANDED] - Defendant's response: [WHAT_THEY_SAID_OR_NO_RESPONSE] 3. **Evidence Organization:** **Documents to Bring:** **Exhibit A: Contract or Agreement** - Original contract - Emails confirming agreement - Text messages - Invoices or estimates **Exhibit B: Proof of Performance** - Receipts for work done - Photos of completed work - Delivery confirmations - Time records **Exhibit C: Proof of Damages** - Repair estimates - Medical bills - Replacement costs - Lost wages documentation **Exhibit D: Communications** - Demand letter sent - Defendant's responses - Email chain - Text messages **Exhibit E: Other Evidence** - Photos of damage - Witness statements - Expert opinions - Police reports **Make 3 Copies:** - One for you - One for defendant - One for judge 4. **Filing Process:** **Steps to File:** 1. **Complete Complaint Form:** - Get form from court clerk or website - Fill out completely and legibly - Attach additional pages if needed - Sign and date 2. **Pay Filing Fee:** - Fee: $[AMOUNT_VARIES_BY_COURT] - Fee waiver available if low income - Bring cash or check 3. **Serve Defendant:** - Cannot serve yourself - Options: - Sheriff service ($[FEE]) - Certified mail - Process server - Must prove service to court 4. **File Proof of Service:** - Return to court with proof - Get hearing date 5. **Pre-Trial Preparation:** **Organize Your Case:** **Timeline:** Create chronological timeline: - [Date]: [Event] - [Date]: [Event] - [Date]: [Event] **Witness Preparation:** - List witnesses: [NAMES] - What each will testify to - Subpoena if necessary - Bring witness to court **Calculate Damages:** - Item 1: $[AMOUNT] - Item 2: $[AMOUNT] - Item 3: $[AMOUNT] - **Total: $[SUM]** **Practice Your Presentation:** - 5-minute summary - Key facts only - No emotion, just facts - Answer judge's questions directly 6. **Courtroom Presentation:** **Opening Statement (2 minutes):** "Your Honor, my name is [Name]. On [date], I [hired/sold to/lent to] the defendant [amount/service]. I performed my obligations by [describe]. The defendant failed to [pay/perform] as agreed. I am owed $[amount] for [reason]. I have [contracts/receipts/photos] to prove my case." **Present Evidence:** 1. **Show Contract:** "This is the agreement we signed on [date]. It states [key terms]." 2. **Prove Performance:** "I completed my part on [date]. Here are [receipts/photos]." 3. **Show Breach:** "Defendant was supposed to [obligation] but instead [what happened]." 4. **Prove Damages:** "As a result, I suffered $[amount] in damages. Here are [bills/estimates]." 5. **Show Demand:** "I sent this demand letter on [date] asking for payment. Defendant [ignored it/refused]." **Witness Examination:** - Ask open questions: "What did you see?" - Avoid leading questions - Keep it brief - Let witness tell story **Cross-Examination of Defendant:** - Ask yes/no questions - Point out inconsistencies - Use their own words against them - Stay calm and professional 7. **Common Defenses and Rebuttals:** **Defendant Says: "I never agreed to that"** - Show: Written contract, emails, texts - Argue: Actions show agreement **Defendant Says: "Work was defective"** - Show: Photos of completed work - Bring: Expert or witness testimony - Argue: Defendant never complained before **Defendant Says: "I already paid"** - Ask: "Show me the receipt" - Check: Your bank records - Argue: No proof of payment **Defendant Says: "Plaintiff breached first"** - Show: Timeline proving you performed - Argue: Even if true, doesn't excuse their breach 8. **Closing Statement (1 minute):** "Your Honor, I have proven that: 1. We had an agreement 2. I performed my obligations 3. Defendant breached 4. I suffered $[amount] in damages 5. I demanded payment and was refused I respectfully request judgment in my favor for $[amount] plus court costs." 9. **After the Hearing:** **If You Win:** - Get written judgment - Wait for appeal period (usually 30 days) - If defendant doesn't pay: - Wage garnishment - Bank levy - Property lien **If You Lose:** - Ask judge why - Decide if appeal worth it - Appeal deadline: [DAYS] - Appeal fee: $[AMOUNT] 10. **Collection Tips:** **Collecting Judgment:** **Step 1: Demand Payment** - Send copy of judgment - Give 30 days to pay - Offer payment plan **Step 2: Discover Assets** - Debtor examination hearing - Ask about: - Employment - Bank accounts - Property owned - Vehicles **Step 3: Enforce Judgment** - Wage garnishment (up to 25% of wages) - Bank levy (freeze and take funds) - Property lien (attach to real estate) - Vehicle lien 11. **Tips for Success:** **Do:** - Arrive early - Dress professionally - Bring all evidence - Speak clearly and slowly - Address judge as "Your Honor" - Stick to facts - Stay calm **Don't:** - Interrupt judge or opponent - Get emotional or angry - Argue with judge - Bring up irrelevant facts - Exaggerate - Use legal jargon 12. **Common Mistakes to Avoid:** - Filing in wrong court - Missing statute of limitations - Failing to serve defendant properly - Not bringing evidence - Talking too much - Getting off topic - Being unprepared for questions Provide small claims guide in a format that: - Explains filing requirements clearly - Organizes evidence effectively - Prepares courtroom presentation - Anticipates defenses - Provides collection strategies - Uses plain language - Includes practical tips - Is ready to use for court