Small Claims Self Help
Check you have a case for small claims
Before you start a small claims case, you need to make sure your case is right for small claims court. There are rules about what cases can be decided in small claims court. You can waste a lot of time and energy if you file a case only to find out it can't be decided in small claims.
Before you start a small claims case
How much money you can ask for? Do you have a legal reason you can sue? Who should you sue and how do you find them?
Figuring out the answers will help you decide if your case is right for small claims. If it is, knowing the answers will help you as you fill out the small claims forms.
What you need to figure out
How much money to ask for
In small claims court, there are limits on how much money you can ask for.
- ○In general, an individual can sue for up to $15,000
- ○If you're suing on behalf of your business, you can sue for up to $7,000
- ○You also can sue twice per calendar year for over $2,500
You will need to figure out how much you want to ask for under the limit. Figuring how much to ask for isn't always straightforward.
If you only want something other than money
Generally, small claims cases are about money, not for the judge to order someone to do something or not do something.
If you want someone to do something (or not do something) but having them pay you money would be acceptable instead, then a small claims case is an option. Sometimes, they judge may be able to make a conditional judgment that orders the person to do (or not do) something or, instead, pay you the money you're suing for.
EXAMPLE: TAKE DOWN THE FENCE OR PAY
Your neighbor built a fence on your property and you want them to take it down. You'd also be okay with them leaving the fence where it is and paying you $9,000 for the damage the fence is causing you. You can start a small claims case for $9,000 for your loss because of the fence.
EXAMPLE: RETURNING THE BBQ GRILL
You and your roommate broke up and you want the BBQ grill back that you paid for. Your roommate won't return it to you. In small claims court, the judge can't make your roommate give you the grill, but you could ask that the judge order your roommate to pay you money equivalent to the price of a comparable BBQ grill.
If you're not asking for money, talk to a small claims advisor
If you only want to ask the judge to order the other side to do something or not do something, you may need to start a regular civil court case, not a small claims case.
You have a legal reason you're owed money
At a hearing, you'll need to be able to tell the judge the reason you are owed money. The law may be different from the reasons you feel someone owes you money.
Before you start your court case, learn whether there is a legal reason the other side owes you money. And, if so, what that legal reason is.
There are many different legal reasons someone can be at fault and owe you money. In addition to these 2 examples, you can research your own situation by talking to a small claims advisor.
Who to sue and where they are
Who to sue
Sometimes it's clear who owes you money. But sometimes it's not so clear. Sometimes there are additional people - or businesses - you should sue (or not sue) you may not have thought of.
If the other side is a business, you will need to know their official business name.
Where they are
You need to know the contact of whoever you think owes you money is so that:
- They can be given the forms if you decide to sue them. If you're suing a business, they may have a designated person that receives court forms (known as agent for service of process)
You have proof
You don't have to have all your proof together before you start a small claims case. But, you have to know what you need and that you will be able to get it in time to bring to your court hearing.
Examples of proof (also called evidence) are:
- •Repair receipts
- •Photos of damage
- •Emails
- •Business records
You don't have an agreement that says you can't sue
Sometimes written agreements (if there is one) say you have to stay out of court if you and the other side don't agree.
Or, it says that everyone has to go to:
- •mediation (try to work things out with someone neutral)
- •arbitration (like hiring your own judge)
before, or instead of, opening a court case.
You haven't passed the deadline to sue
There are filing deadlines called Statutes of Limitation. Deadlines are different for different types of cases.
Some common deadlines:
- •Written agreement - 90 days
- •Unwritten (verbal) agreement - 90 days
- •Personal injury - 90 days
- •Property damage - 90 days