The small claims process is an easier legal option to take someone to court. It's for when you think the other side owes you money (up to a certain limit, depending on the state requirement).
If you are having a hard time trying to get your money back, small claims court might be your perfect avenue. Designed with the average citizen in mind, the small claims court is supposed to help you resolve your legal disputes quickly and inexpensively.
By design, the small claims court rules are simple and informal. However, as someone who was in the small claims court before, I still find it complicated and intimidating for an average person. There are certain rules and steps that we have to follow and get them right. Today, I'd like to share my experience with small claims with you as simply as possible.
Step #1 - Assess if you have a case for small claims
Before you start a small claims case, you need to make sure your case is right for the small claims court. There are rules about what cases can be decided in small claims court, and how much you can ask for. For example, in California small claims court, an individual can sue for up to $10,000; and if you're suing on behalf of your business, you can sue for up to $5,000. Of course, besides the amount you can sue for, there are many other rules to follow as well.
You don't want to waste a lot of time and energy to file a case only to find out it can't be decided in small claims court.
Here at FillMeForms, we know how frustrating it is when dealing with things we aren't familiar with, especially in legal matters. That's why we built a free tool to help you assess if you have the right case for small claims. Just answer a few questions, and you will have your assessment in less than 1 minute! Our tool can save you a lot of time in finding out if you have a case for small claims (unless you love reading tedious legal documents😝), and best of all, it's free! Why wait? Try out our free small claims case assessment tool here today!
Step #2 - Ask for the money formally
Once you decided that you can sue in small claims court and that you do want to move forward, the next step is to ask the person you're suing for the money.
The court wants you to ask the other side for the money you think they owe you before you start a small claims case. However, if there's a restraining order between you and the other side or you think it would be dangerous, you don't need to ask them for the money before you file a small claims case.
You can ask for the money formally in person, by writing a letter, or by emailing the other side. This is called demand letter.
Majority of small claims disputes are resolved after a strong demand letter is sent.
If you ask for the money, and the other side pays you, you don't need to go to court. Isn't that good 🥳? Sending a demand letter before filing a small claims case sounds like a wise choice. However, how do we write a strong and effective demand letter? When I was in small claims for the first time, I faced the same situation - I don't know what a demand letter is, nor how to write one. That's also one of many reasons why we created FillMeForms.
Here at FillMeForms, we built a demand letter tool to help you draft a formal, strong, and effective demand letter to settle your case out of court. The tool is completely free. Simply follow our step-by-step here, and you can generate, print, and mail a demand letter in minutes.
Step #3 - File and serve the other side correctly
After you ask for the money, you can wait to hear back or file your case right away. If you have a filing deadline coming up, you should start a small claims case with the court immediately.
To start a small claims case with the court, follow the 4 steps:
Locate the right court to file in
Each county has its own small claims court. You need to locate the right court to file in. If you file in the wrong county, the court may cancel (dismiss) your case. Generally, you must file your case in the county where the other side lives or does business. However, there are some cases where you have other options. Be sure to check with your county to make sure you are filing in the right one.
Once you know which county court to file in, write down the courthouse's address. You will need to put it on the forms you file to start your case.
Fill out the right court forms
File your small claims case with the court
Serve your small claims forms
Step #4 - Prepare your case (most important!)
After you served your forms, you need to start to get ready for your court date, also called the trial.
For someone who went through small claims cases before, I can assure you:
Getting your case prepared is the most important part in your small claims process.
In the end, you want to tell your side of the story to the judge effectively to win your case. Getting ready for your court date will also lower your stress.
But how?
Like many of you, when I was first in this situation, I don't know how to prepare myself for the trial. I ended up spending a lot of time preparing my case. I feel your frustration and pain, and that's why I want to share some helpful tips with you.
Think of what arguments you have. What happened? Why the other side owes you money?
For each argument, figure out what evidence and/or witness you need. Make a list of them and start gathering them.
Make copies and organize your papers. Have the original paperwork for yourself, a copy for the judge, and a copy for the other side.
Practice how you'll tell your side of the story or respond to what the other side says. Be as quick and clear as possible.
If you have time, go to court and watch some court hearings to have yourself familiar with the process. Some courts offer online listening-in. Take advantage of it if you don't want to go to court in person.
Check for parking, traffic, and where your courtroom is before the hearing so you won't be late.
Spending tons of hours preparing my small claims case is a pain that I don't want to go through again. That's why we are building a small claims preparation package to help you prepare your small claims case effectively. If you want to try it out, sign up here to be the first to join and receive a 30% off early-bird discount!
Step #5 - Go to your court date confidently
Your court date is your big day to tell the judge why you are suing the other side. If you prepared your case thoroughly, you should feel much more confident and relaxed at this stage.
Here are some tips for you to go to your court date confidently:
Know where you're going and how long it will take to get there. Depending on your situation, your hearing might be in-person or remote. Confirm where you go before your hearing.
Dress nicely. Whether you go in-person or remotely, always dress like you're going to a job interview.
Organize and gather all your documents. For example, your court papers, copies of your evidence, and notes with what you plan to say or ask. Use a folder to label them in order.
When your case is called, follow the court rules politely. When it's your turn, tell the judge your story quickly and clearly. Answer politely when the other side or judge asks you a question.
After you both speak, the judge will make a decision. The judge may make a decision right away or may mail you their decision. Be sure you understand the judge's order. If you don't, you can ask the judge to explain it.
Step #6 - Collecting your judgment
After your small claims trial, you will receive the judge's decision about your case. The judge's decision (also called the judgment) will be on the Notice of Entry of Judgment. The judge will say if the order side or you owe money and how much.
Read the judge's decision carefully, and figure out if you have the next steps. Typically, there will be one of the three outcomes:
If the judge ordered that the other side owes you money, you have to wait 30 days from the date the judgment was handed or mailed to you to start to collect the money.
If the judge decided you aren't owed money, your case is finished. You can't appeal that decision.
If the judge ordered you to pay the other side and you don't agree, then you can appeal. If you don't want to appeal it, pay the other side.
In any situation above, the court will have clear instructions for you to follow. Be sure to follow the court requirement.
You are in control of your legal matters 💪
Here you go with the 6 steps in the small claims process! I hope I explain the process to you as simply as possible. If you want to learn more, check out FillMeForms (https://fillmeforms.com/)! As someone who's been through small claims case, I understand navigating the legal process is stressful and complicated. That's why we created FillMeForms 👋.
Our goal is to help you navigate the Small Claims process smoothly and effectively. Whether you need help assessing your case, writing a custom demand letter, or preparing your response, FillMeForms makes the process more effective and efficient for you.
Have questions about small claims or FillMeForms? We would love to listen! Email us: 📧contact@fillmeforms.com
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