How To File a Small Claims Case

Before you file a small claims case, there are requirements that you must comply with.
First, Make a Demand. You may make a demand in person, by telephone or in writing. Many people decide it is best to send the demand letter by priority mail with delivery confirmation. You must ask the other side to pay you the amount owed before you file your case, unless:

- There is a restraining order of no contact between you and the person you are suing. (If there is a restraining order in effect, don’t contact the other side; just file your court case.) or

- The time to file your case (statute of limitations) is running out. (If this is true, make the demand after you file your court case.)

Get court forms at the clerk’s office at the court house or online.

Fill out the forms, sign and after that makes copies. You will file the original with the clerk, keep one copy for your record, and serve remaining copies on all parties to the case. A process server is a competent adult who is NOT named in the court case must deliver (serve) a copy of the filed and stamped summons and complaint to the defendant(s) for you. (A competent adult is an adult who is capable of testifying in court.) There are three ways this can happen.

People who can serve court forms include:

- An adult friend, family member or registered process server.
- The County Sheriff

How to find a registered process server? Call your court house and find out if it has a list of registered process servers. There is a fee involved in hiring a registered process server. The fee for service may vary, but if you win, the judge will usually award the amount to you anyway. Usually, whichever party wins will have court costs and fees awarded and there is no need to ask for it specifically. In small claims the judge will award those fees to you, except the process service fee may not include the amount allowed by your state law. If you want, you can still pay the process server a higher amount, but it will not usually be awarded in full.

After service of process is completed you will need to file a form called proof of service with the court clerk. As an alternative you can ask the court clerk that the clerk’s office serve defendants by mail for a small fee.

Substituted Service can be done at least 25 days before the court hearing. Your server delivers a copy of the summons and complaint to an adult who appears to be in charge at the defendant’s home or work, and tells the person that the papers are for a lawsuit. Your server must also mail a copy of the documents to the defendant at the same address where he or she delivered the copy of the SC-100. If you are suing an individual, the server must mail a copy of the summons and complaint using first class (regular) postage. If you are suing a corporation, LLC, or Limited Partnership, the server must send the second copy by Registered mail.

To serve a corporation, you must first locate the agent for service of process for the corporation. How can you find the agent for service of process? You can look up corporate records on the secretary of state web site. Those records must always include the name and physical address of the agent for service of process. Sometimes a law firm or a lawyer will be the agent for service of process for a corporation. However, a lawyer cannot represent parties in small claims court.

Once your summons and complaint have been filed and properly served, consider mediation to settle your dispute early. Sometimes the defendant will want to settle the case out of court and just send you a check to avoid going to court and publicity. If not, a mediation is a good way to resolve disputes.

In mediation, an impartial person helps people talk about the issues to see if there are ways they might be able to resolve their dispute. Mediators do not make decisions about cases. Only the parties can decide how, or if, they will settle the case before trial. Often, people find that they get better outcomes in mediation if they file the court case first, then set up a mediation appointment before their court date. Sometime the court commissioner deciding the outcome of the case will refer both parties to mandatory mediation. When that happens, the commissioner will not hear the case until the parties have attended the mediation.