If you are ever sued in small claims court, you should always take the matter seriously, even if you think the allegations against you are ridiculous. Because attorneys are not involved in small claims, it is up to you to put your best foot forward to win your case.
What is small claims court?
Many jurisdictions in the United States, and in other countries, have set up small claims courts to handle matters in which the alleged damages are below a certain amount. These claims are usually brought by private individuals against other individuals or corporations, and can involve contract disputes, landlord-tenant disputes and personal injuries such as slips and falls and vehicle collisions. Small claims lawsuits are an attractive alternative to regular civil suits because they do not involve lawyers, do not open up the parties to depositions and release of personal information such as medical and employment records, and are resolved relatively quickly and efficiently.
Why do people sue in small claims court?
The plaintiff’s goal in filing a small claims case is to minimize costs while maximizing recovery. Because attorneys are not involved in small claims, the costs in bringing the lawsuit, as well as in defending it, are low. Some plaintiffs with damages exceeding the limit will still file in small claims, claiming damages equal to the maximum allowed, to avoid the costs and uncertainties they would face if they filed in the regular civil court. To prevent abuse of the small claims system, which makes it relatively easy for the ordinary person to file and win claims, some courts have “vexatious litigant” rules, requiring the plaintiff to certify that he or she has not filed more than a certain number of claims within a certain number of years.
Steps to take when sued in small claims court
The first thing to do after receiving a summons in a small claims case is to make note of the hearing date and mark it on your calendar. You must appear on that date, otherwise you are likely to automatically lose and have a judgment entered against you. If you know you have an important conflict, you should immediately submit a request to reschedule the hearing. This can be done using a local court form or by letter to the judge. Be aware that the judge may or may not honor your request.
Next, become familiar with your local court by reviewing the court’s website. Most courts post step-by-step instructions on what to do once a summons is received, and have helpful links to relevant forms and local rules. Some also have help lines you can call to receive free advice.
Preparing for the court hearing is the most important step. Gather every piece of paper you have related to the dispute, such as letters, e-mails, contracts, photographs, and receipts, make copies and keep them in a safe place. Bring three copies of these papers to your hearing; one for the judge, one for the plaintiff and one for yourself. Ask anyone with personal knowledge of the incident, and who will support your position, to appear at the hearing and testify as a witness on your behalf. Before showing up at the hearing, be sure you know all the facts related to the dispute and can recite them clearly and concisely.
At the hearing, calmly tell your side of the story using the evidence you have, always speaking directly to the judge and not to the other party. Answer the judge’s questions honestly and be respectful. If the outcome is not in your favor, you have made the best record possible for filing an appeal, which can be handled by an attorney.
Many courts will offer free alternative dispute resolution services before and even during the court hearing, encouraging the parties to settle the case through mediation before being heard by the judge. Take advantage of these services If you think you can come to a reasonable settlement, but don’t feel pressured to do so if you feel you have a winning case.
Resources
- Small Claims Self-Help Center (California Courts)