How to Sue in a Small Claims Court
1. Visit a small claims court in your locality, one in the county where the business is located or the county where the problem occurred. Ask the court clerk for a complaint form.
2. Complete the application. Provide your name and address as the plaintiff. Include the reason you are suing and the amount you want to recover. You may also include losses and expenses incurred in relation to the reason you’re suing.
3. Input the business’s legal name and address as the defendant. If the company is a corporation, write the legal name of the corporation and the name of the registered agent. If the company is similar to a partnership with a D.B.A. (“doing business as”), then name each of the business partners on the form. If you are not sure of the legal name, inquire at the county clerk’s office in the county where the business is located.
4. Submit the application to the court clerk and pay a $45 filing fee. In some states, the courts mail a certified copy of the form or summons to the defendant on your behalf. In other states, the plaintiff notifies the defendant. If this is the case in your state, you may have the option of serving the business through a sheriff's deputy, a private process server, any neutral and competent individual over the age of 18 or via certified mail. If you have named the business partners on the form, each one should receive a copy of the claim or summons and a response form.
5. Wait for a response from the defendant. In most cases, the defendant can send a response within 14 days of receiving your claim. During this time, the defendant may pay the claim and send proof to the court, deny the claim and request a hearing, deny the claim, file a countersuit and request a hearing or, in some cases, deny the claim and request a jury trial. If the business does not respond within this time, you can file a request for a default judgment, which gives you the right to collect your claim from the business.
6. Gather relevant evidence to support your case. For instance, you could provide the contract you signed with the business, receipts from your purchase, copies of email messages you exchanged with a business representative and voice mail recordings. You may also present witnesses.
7. Present your case to the judge on the date and time scheduled for the court hearing. The judge will allow each side to also present supporting evidence and witnesses.
8. Wait for the judgment. If the judge rules in your favor, you can collect your claim from the business owner. If you encounter any difficulty receiving this money, the sheriff’s department can assist you. If the judge rules in the business’s favor, you are responsible for paying the owner’s counter claim.
