What are property damage cases in Small Claims Court?

Property damage cases are one of the regular types of lawsuits that come before judges in small claims courts regularly—they’re a staple. In most cases, a plaintiff files an action against a defendant claiming that the defendant negligently (accidentally) or intentionally damaged the plaintiff’s property.

What is do not sell my personal information property damage case?

Do Not Sell My Personal Information Property damage cases are one of the regular types of lawsuits that come before judges in small claims courts regularly—they’re a staple. In most cases, a plaintiff files an action against a defendant claiming that the defendant negligently (accidentally) or intentionally damaged the plaintiff’s property.

When is loss of use included in property damage claim?

When a claim involves loss of use, the loss of use is assumed to have occurred at the same time as the property damage or occurrence that caused it. The first part of the definition of property damage includes loss of use of tangible property that’s been injured.

How is property damage defined in the law?

By definition, property damage is “injury to real or personal property through another’s negligence, willful destruction, or by some act of nature.” The law categorizes property damage in three distinct ways: Negligent property damage: When someone’s carelessness directly results in harm.

Property damage cases are one of the regular types of lawsuits that come before judges in small claims courts regularly—they’re a staple. In most cases, a plaintiff files an action against a defendant claiming that the defendant negligently (accidentally) or intentionally damaged the plaintiff’s property.

Can you sue someone for property damage caused by nature?

While there isn’t much you can do about nature, aside from filing an insurance claim, you do have the right to request compensation for property damage caused by others. This may mean filing a claim with their insurance carrier or, in some cases, taking them to court. Doesn’t Insurance Cover Property Damage?

Do Not Sell My Personal Information Property damage cases are one of the regular types of lawsuits that come before judges in small claims courts regularly—they’re a staple. In most cases, a plaintiff files an action against a defendant claiming that the defendant negligently (accidentally) or intentionally damaged the plaintiff’s property.

How to calculate damages in a property damage case?

Calculating damages in a property damage case can be fairly straightforward: When your property has been damaged by the negligent or intentional act of someone else, in most instances you have the right to recover the amount of money it would take to fix the damaged item.

What do you need to know about property damage lawsuits?

The plaintiff brings the lawsuit seeking monetary reimbursement for the damage. In this article, you’ll learn about the elements you’ll need to prove in a negligent or intentional property damage case.

Can You recover money from a property damage claim?

In most instances, you can recover the amount of money it would take to fix the damaged item, or, if it is destroyed, to replace it.

When to file a property damage lawsuit in South Carolina?

For most kinds of civil lawsuits in South Carolina — including property damage claims — a number of (relatively rare) situations could serve to extend the three-year lawsuit filing deadline. For example, special rules usually apply if, at the time the property damage occurs, the property owner is under the age of 18 or has been declared “insane”.

How to file small claims in Superior Court?

For small claims cases only, you may ask the Clerk of the Court to serve the defendant by certified mail. The clerk will charge a fee of $15.00 for this service. You should check back with the court prior to the hearing to see if the receipt for certified mail was returned to the court.

What is small claims court in South Dakota?

Small Claims. Small claims court is an informal court which allows people to sue for small losses of money or property. The procedures are simple enough that an individual can file and handle his or her own claim in court.

When to seek legal advice on property liability?

In other states, the law favors the one who is injured. If you were injured while visiting a property that belongs to someone else, you should seek legal advice as soon as possible from an experienced personal injury lawyer that handles premises liability cases. Within the context of premises liability, a person “possesses” land or premises when:

How is property damage defined in a lawsuit?

In lawsuits for damages caused by negligence or a willful act, property damage is distinguished from personal injury. Property damage may include harm to an automobile, a fence, a tree, a home, or any other possession. The amount of recovery for property damage may be established by evidence of replacement value, cost of repairs,…

When to file a claim for property damage?

Condominium owners whose property was contaminated by hazardous material from a city dump that once operated on the site could wait three years after learning their property was permanently damaged before having to file a property damage claim under the state environmental cleanup law, the Supreme Judicial Court has ruled.

Who is liable for damage to someone else’s property?

Someone who causes harm to someone else’s property through negligence or intention may be liable for damages. Property damage that results from negligence can occur in several ways. For example, negligent property damage can occur when a negligent driver runs a stop sign and collides with another car.

Which is an example of intentional property damage?

Intentional property damage occurs when someone sets out to deliberately break or otherwise damage someone else’s property. The property can be anything from real estate, like someone’s home or office building, to personal property, like cars, electronics, and clothing.

What happens if you forget to prove property damage?

If you forget to prove the cost of your damages, the judge won’t award you anything. Example. Jake knows the brakes on his ancient Saab need repair but does nothing about it. One night, Jake parks the car on a hill and the brakes fail, causing the car to roll across the street, destroying Keija’s persimmon tree.

When does a civil case begin and end?

A civil action begins when a party to a dispute files a complaint, and pays a filing fee required by statute. A plaintiff who is unable to pay the fee may file a request to proceed in forma pauperis. If the request is granted, the fee is waived.

What do you need to know about Small Claims Court?

Usually the court clerk will be willing to assist you if you need help filling the form out. You will need to convince the court that you had missed your court date due to an excusable error. You must also express your ability to prevail on the merits of the action (win the case) if given another court date.

What happens if I lose a small claims case?

It is important that you prepare your case thoroughly to give you the best chance at winning. A plaintiff who loses a Small Claims Court case cannot appeal. Only a defendant can appeal a small claims case. If you are the defendant in a Small Claims Court, you are trying to avoid being held liable to the plaintiff for some amount of money.

How much money can you sue in Small Claims Court?

1. What is Small Claims Court? Small Claims Court is a part of Connecticut’s court system where a person can sue for money damages only up to $5,000.00. That amount is set by state law and may change from time to time.

Who can I call regarding small claims?

Small Claims Advisory Line. The public can call (209) 473-6463 at any time of the day to receive information regarding Small Claims Court forms and procedures, as well as referrals to other community resources. Trained advisory staff will respond to inquiries by telephone or email. Alternative Dispute Resolution Services. Same day, in court mediation services with trained mediators will be available for parties of small claims, civil harassment, and unlawful detainer cases in accordance with

How much should I ask for in Small Claims Court?

In Small Claims court, you may ask a lawyer for advice before you go to court, but you cannot have a lawyer with you in court. In general, a natural person (an individual) cannot ask for more than $10,000 in a claim. Businesses and other entities (like government entities) cannot ask for more than $5,000.

What is the maximum I sue in small claims?

Small claims courts have an upper limit on the amount of money that a party can claim. You can sue for up to $10,000, if you are an individual or a sole proprietor. Corporations and other entities are limited to $5,000.

What can I claim for in Small Claims Court?

Most disputes involving money can be filed in small claims court. Small claims court is often used to collect a bad debt. It’s relatively simple to present evidence demonstrating that the debt was owed but not paid. Once a creditor receives the judgment, the creditor can use collection techniques to collect the debt.

When to sue someone for damage to your property?

For example, you might want to file a lawsuit in small claims court against someone who caused damage to your property to recover the deductible you had to pay to your insurance company. If you want to pursue the at-fault party for damages to your property, then you could take them to small claims court.

How does a small claims court lawsuit work?

A small claims court plaintiff usually handles the claim on their own, without using a lawyer. The process for a small claims lawsuit works like this: File a complaint to start the action. Serve the complaint to the defendant (s). Prepare evidence and arguments. Present the case at trial. Collect judgment.

Can you defend yourself in a property damage lawsuit?

Often, these lawsuits are filed in small claims court, where you can and in some states are required to represent yourself rather than hiring an attorney. To defend yourself in a property damage lawsuit, you must defeat the plaintiff’s claim that his or her property was more likely than not damaged as a result of your actions or carelessness.

A small claims court plaintiff usually handles the claim on their own, without using a lawyer. The process for a small claims lawsuit works like this: File a complaint to start the action. Serve the complaint to the defendant (s). Prepare evidence and arguments. Present the case at trial. Collect judgment.

Why is clothing considered property in Small Claims Court?

Clothing is property, but it is worth discussing separately. First, because disputes involving clothing are extremely common in small claims court. Second and more important, judges seem to apply a logic to them that they apply to no other property damage cases.

Why are small claims suits amenable to small claims process?

These are amenable to the small claims process because the damages resulting from the claim are easily quantifiable “economic” damages. Lost wages and medical bills are other common forms of economic damages in civil suits generally.

How are small claims cases handled in Texas?

Introduction to Small Claims. Small claims are cases filed in the justice court system in Texas in which litigants often resolve legal disputes on their own without having to hire a lawyer. Small claims are more informal than district or county courts and do not require the same extensive knowledge of the law or court rules and procedures.

What happens if I drop Small Claims case?

Small Claims Court. If the other party pays before the postponed date, ask the court to cancel the hearing. If you do not receive your money by the time of the continued hearing, proceed with the case in court. If you drop the suit, your filing fee and service costs are not returned.

How much does it cost to file small claims in California?

However, if a plaintiff has filed more than 12 small claims actions in California within the previous 12 months, the filing fee for each subsequent case is $100. Multiple filers who prevail in court and are granted court costs may only recover the same amount of court costs that non-multiple filers would receive and not the $100 that was paid.

Can you sue for money in Small Claims Court?

You can only sue for money in Small Claims Court. The amount of your claim should include both the actual damage done and any additional costs incurred due to the damage, such as taxi fares, postage, photocopying, and court costs. At the time of the filing, you must pay a small court entry fee.

Can a car accident case go to Small Claims Court?

The average vehicle accident case that ends up in small claims court doesn’t involve personal injury but is about damage to one or both parties’ vehicles. Many are extremely hard fought because so often both drivers in an accident are convinced the other was at fault.

How much money can you recover in Small Claims Court?

The dollar limit depends on the state, although some states have different limits based on the type of case. In Kentucky and Rhode Island, for example, you can only recover $2,500 in a small claims action. In other states, though, you could be awarded a judgment up to $15,000.

However, if a plaintiff has filed more than 12 small claims actions in California within the previous 12 months, the filing fee for each subsequent case is $100. Multiple filers who prevail in court and are granted court costs may only recover the same amount of court costs that non-multiple filers would receive and not the $100 that was paid.

What’s the maximum amount you can claim in Small Claims Court?

Because of the simplified process, not all case types can be filed in small claims court, and the maximum dollar amount that the court can award is limited, as well—between $2,500 (Kentucky) and $25,000 (Tennessee), depending on your state. Most small claims limits fall between $3,000 and $15,000.

Where can I file a small claims case?

Suits against the federal government normally must be filed in a federal district court or other federal court, such as the Tax Court or the Court of Claims. There are small claims procedures available only in federal Tax Court. (For more information, see Tax Court: The Small Case Division.)

What should I know about Small Claims Court?

Learn about going to small claims court, using instructions and guides to help you with your case. Also learn about trying to resolve your dispute out of court, and get answers to frequently asked questions. Review general information about small claims court and cases.

The dollar limit depends on the state, although some states have different limits based on the type of case. In Kentucky and Rhode Island, for example, you can only recover $2,500 in a small claims action. In other states, though, you could be awarded a judgment up to $15,000.

How can I sue in Small Claims Court?

How to Sue in Small Claims Court. Filing the Claim: To sue in small claims court and file a formal claim, you must complete a Claim of Plaintiff form. This document will name who you are suing, the basis of your claim, and how much you are asking to be awarded. Once you file your Claim with the court, the Court Clerk will set a hearing.

Can punitive damages be awarded in small claims?

Punitive damages are damages designed to punish the defendant for outrageous behavior in small claims court — punish him above and beyond the actual monetary loss to discourage him and everyone else from doing such a thing again. Punitive damages are awarded frequently in intentional tort cases, such as defamation.

What is a small court claim?

Small Claims. A Small Claims case is a legal action filed in county court to settle minor legal disputes among parties where the dollar amount involved is $5,000 or less, excluding costs, interest, and attorney fees. Because Small Claims court is considered a “people’s court,” it is not necessary to have an attorney to file a claim.

How are small claims cases heard in Connecticut?

Small claims cases are generally heard and decided by Magistrates, who are lawyers appointed by the Chief Court Administrator. For more information, see section 51-193l of the Connecticut General Statutes.

When to see a lawyer for property damage?

For larger or more complicated claims, especially claims involving a lack of insurance coverage or an intentional act, you should definitely consult a lawyer. Your lawyer will help you determine if you have a viable case. He or she will then work together with you to prove whether your claim is based on an intentional act or negligence.

When do you need a lawyer for Your Small Claims case?

If you want to delay because you’re not ready, saying that you now want a lawyer isn’t a good tactic. In some states, the small claims rules prohibit you from having an attorney as the plaintiff but require the defendant as a corporation to have a lawyer.

Can a property damage case go to Small Claims Court?

Insurance and Property Damage. If you own real property (land and structures) that another person or a force of nature damages, it’s unlikely that you’ll turn to small claims court to cover your loss. Virtually all landowners have property insurance to cover such losses.

For example, you might want to file a lawsuit in small claims court against someone who caused damage to your property to recover the deductible you had to pay to your insurance company. If you want to pursue the at-fault party for damages to your property, then you could take them to small claims court.

Can you hire a lawyer in Small Claims Court?

Also, if you’d like representation, you can hire a lawyer to present your case in small claims court. Most small claims courts allow business entities, such as corporations or partnerships, to bring actions in small claims court, but check with your small claims court clerk for special rules.

For larger or more complicated claims, especially claims involving a lack of insurance coverage or an intentional act, you should definitely consult a lawyer. Your lawyer will help you determine if you have a viable case. He or she will then work together with you to prove whether your claim is based on an intentional act or negligence.

What happens when you win a small claims case?

When you win your case in small claims court, the judge will issue a judgment against the other party for payment to you and for court costs. Now you must collect on that judgment, and it’s not as easy as it sounds. The losing party will likely be reluctant to pay, but you do have some options…

How to find out if Small Claims Court is right for You?

Review general information about small claims court and cases. And figure out if small claims is right for your situation using helpful resources. This information can help you decide if small claims is right for you, show you how to resolve your case without going to court, and more.

You can only sue for money in Small Claims Court. The amount of your claim should include both the actual damage done and any additional costs incurred due to the damage, such as taxi fares, postage, photocopying, and court costs. At the time of the filing, you must pay a small court entry fee.

How to file a complaint against a property management company in Florida?

Like most states, Florida offers renters a number of ways to file a complaint including: 1 Filing a complaint with The Department of Housing and Urban Development (HUD) 2 Filing a lawsuit in court 3 Lodging a complaint with the Better Business Bureau (BBB) 4 Filing a complaint with the city’s relevant department

Can a tenant sue a property management company for?

How to Sue Your Property Manager for Negligence. In most cases, you’ll already know the name of the property management company. If so, you can usually file against the company for negligence in the court you choose, either your state Superior Court if the injury or property damage you suffered was severe or small claims court if it was not.

What are the steps to filing a small claims case?

Steps to Filing a Small Claims Case 1. Figure Out How to Name the Defendant 2. Ask for Payment 3. Find the Right Court to File Your Claim 4. Fill Out Your Court Forms 5. File Your Claim 6. Serve Your Claim 7. Go to Court

When to file a claim against a government agency?

Property damage: Three years from the date the damage occurred. Claims against government agencies: You must file a claim with the agency within 6 months (for some cases, 1 year) of the incident.

How to Sue Your Property Manager for Negligence. In most cases, you’ll already know the name of the property management company. If so, you can usually file against the company for negligence in the court you choose, either your state Superior Court if the injury or property damage you suffered was severe or small claims court if it was not.

Can you bring a small claim against a landlord?

You may only bring a small claim in the court for the location where either the plaintiff or the defendant lives or has a place of business or employment. A small claim against a landlord over an apartment rental may also be brought where the apartment is located.

What’s the maximum award in Small Claims Court?

The procedure for filing a suit in small claims court varies by state, so be sure to look up your local laws if you have questions. Each state has a limit on the maximum award in small claims court. These amounts vary greatly, from $2,500 in Rhode Island to $15,000 in Georgia, Minnesota, and Delaware.

When to bring a small claims case to court?

Small Claims Small claims courts provide a simple, informal and inexpensive option for resolving cases where the claim is $7,000 or less. You may only bring a small claim in the court for the location where either the plaintiff or the defendant lives or has a place of business or employment.

What can a landlord do in Small Claims Court?

As a landlord, the situations that might apply include the recovery of unpaid rent or for damages to the property that exceed the amount of the security deposit. If you move forward with a claim in small claims court, your tenant could countersue you.

What happens if I go to Small Claims Court?

If you move forward with a claim in small claims court, your tenant could countersue you. If they win their countersuit, they could also receive damages. Of course, the most common reason for taking someone to small claims court is to recover money owed, whether that is unpaid rent or the money to repair damages to the property.

Who is the defendant in a small claims case?

If you were served a Small Claims Affidavit and Claim, you are the Defendant in a Small Claims case. Whoever filed the claim is the Plaintiff. If you don’t do anything, the case won’t just go away. If you don’t go to court for the hearing, the Plaintiff will probably get a default judgment against you.

When to take action in Small Claims Court?

Actions based on or arising out of a “liquid document” (a written, unconditional acknowledgement of debt that is signed by the debtor or his agent) not exceeding R20 000 in value (for example, a cheque). Actions based on or arising out of a credit agreement, where the claim or the value of the property in dispute does not exceed R20 000 in value.

What happens if you do not settle a dispute in Small Claims Court?

If the person does not settle the dispute as agreed, the matter will be referred to the magistrate’s court. The above-mentioned merely informs you of the most important steps to be taken with regard to the institution of a case in the small claims court.

How is a small claims court case decided?

Small claims cases are decided by a judge or commissioner. Attorneys are not allowed to practice in Small Claims Court. This means that you need to effectively represent yourself. How you prepare your case and present it to the court often has as much to do with the outcome of the case as the “merits” of the case itself.

Can a landlord file a small claims action?

Please Note: New legislation allows landlords to file a small claims action for unpaid rent for amounts that exceed jurisdictional limits, beginning on August 1, 2021. For more information, see Tenant and Landlord Resources. Research the type of case you have so you can be better prepared when you go to court.

How can I Help my Small Claims case?

The counter clerks at the courthouse can help direct you to a courtroom if you let them know that you would like to observe a case. Observing a trial may help you feel more comfortable in court and could help you prepare your own case. * Determine what evidence you may need to show the judge during your trial.

How can I respond to a small claims lawsuit?

Most courts, especially for small claims, have fill-in-the-blank forms you can use to respond to a complaint. Some courts provide an answer form to you along with the complaint and summons if the lawsuit was filed in small claims court. Otherwise, you may have to check the court’s website or contact the clerk of court to find a form.

Often, these lawsuits are filed in small claims court, where you can and in some states are required to represent yourself rather than hiring an attorney. To defend yourself in a property damage lawsuit, you must defeat the plaintiff’s claim that his or her property was more likely than not damaged as a result of your actions or carelessness.

What is the purpose of Small Claims Court?

The purpose of small claims court is to offer a legal option for a plaintiff to receive relief in the form of money damages without going through a lengthy process and paying attorney fees. Most plaintiffs represent themselves in small claims court. However, before you file a small claims suit,…

How big can a small claims case be?

The small claims court can be used by any individual, partnership, association or corporation for civil claims that do not exceed $3,500. Small claims cases are simplified, therefore, lawyers are not allowed. When Can a Small Claim be Filed? People should try to settle their disputes and disagreements out of court whenever possible.

Can a small claims case be removed to a district court?

A case can be removed to a district court in the same judicial district as the justice court in which the small claims case was filed, and where the defendant resides or where the events happened. The defendant must file the forms within 15 days of being served with the Affidavit and Summons for the small claims case.

What happens after a small claims judgment is granted?

After a small claims judgment has been granted, the court is required to order the debtor to file a financial disclosure statement with the creditor or creditor’s attorney. After a small claims judgment has been granted, the court is required to order the debtor to file a financial disclosure statement with the creditor or creditor’s attorney.

How to file a small claims suit in Florida?

A claim up to $8,000 – not including costs, interest and attorneys’ fees – can be filed with the Clerk’s Office as a Small Claims action, according to Rule 7.010 of the Florida Rules of Court and Chapter 34 of the Florida Statutes. A deputy clerk may be able to assist you with the filing of a small claims suit.

What happens if I win a small claims case?

If they are unemployed, insolvent, on a low income or heavily in debt, this will be taken into account and you may not get anything. Therefore it is very possible that even though you will win your claim you will still not get any of the money which is owing to you.

When to take a small claims negligence case?

Truthfully, the only personal injury cases in small claims cases are those where the plaintiff doesn’t have a lawyer because: The plaintiff is a difficult client — to put it politely. The defendant’s liability is difficult to prove. The injuries to the plaintiff are so inconsequential that no lawyer would waste time taking the case.

Where can I get advice on making a small claim?

If you have a different type of problem, you can get advice on mediation from the Civil Mediation Council. Sometimes, just starting a small claim is enough to make the person or business you’re claiming against pay, so you might not have to go to court at all.

What to look for in a small claims case?

Like in any other case, in small claims, you can ask for “punitive damages” (damages intended to punish the defendant rather than compensate you for actual loss or injury). But in order to get punitive damages, you’ll need to prove that the defendant was guilty of “oppression, fraud, or malice.”.

Truthfully, the only personal injury cases in small claims cases are those where the plaintiff doesn’t have a lawyer because: The plaintiff is a difficult client — to put it politely. The defendant’s liability is difficult to prove. The injuries to the plaintiff are so inconsequential that no lawyer would waste time taking the case.

How much money can I sue in Small Claims Court?

In small claims court, you can only sue for an amount up to $10,000. You need to determine the exact amount of money you are seeking to recover. This might seem obvious, but sometimes it is not that simple.

Who is a defendant in a small claims case?

A plaintiff is the person who filed the complaint. A defendant is the responding person against whom the lawsuit has been filed. Small claims cases are decided by a judge or commissioner. Attorneys are not allowed to practice in Small Claims Court. This means that you need to effectively represent yourself.

How is a judgment issued in Small Claims Court?

How a Judgment Is Issued . If the judge in small claims court rules in your favor, or if a default judgment is issued because the defendant fails to appear or defend the case, the court will issue a judgment for a specific amount of money. This amount will include court costs as well as the amount the court has stipulated you be paid.

How to ensure success in Small Claims Court?

It is the best way to ensure your success in getting your claim paid. You would be surprised how many defendants don’t appear for small claims court. In these cases, the judge almost always awards you (the plaintiff) the judgment. But if you set a case in motion and you don’t show up, you just wasted your money.

A plaintiff is the person who filed the complaint. A defendant is the responding person against whom the lawsuit has been filed. Small claims cases are decided by a judge or commissioner. Attorneys are not allowed to practice in Small Claims Court. This means that you need to effectively represent yourself.

It is important that you prepare your case thoroughly to give you the best chance at winning. A plaintiff who loses a Small Claims Court case cannot appeal. Only a defendant can appeal a small claims case. If you are the defendant in a Small Claims Court, you are trying to avoid being held liable to the plaintiff for some amount of money.

Why do people go to Small Claims Court?

This makes sense because usually the dollar amounts allowed in small claims cases aren’t large enough to justify people traveling great distances to go to court, and normally, your dispute will be with a person or business located nearby. You’ll follow the venue rule when deciding which small claims court to file your case in.

Calculating damages in a property damage case can be fairly straightforward: When your property has been damaged by the negligent or intentional act of someone else, in most instances you have the right to recover the amount of money it would take to fix the damaged item.

Which is the best example of a damages case?

Cases on Damages. A painter in breach of contract after he had completed decorations, left unlocked a house, which was later burgled by thieves. The defendant was held liable for the value of goods taken as this was exactly the sort of loss he should have guarded against and foreseen.

What’s the meaning of the ” damage to property ” exclusion?

The 10th Circuit Court of Appeals recently weighed in on the debate over the meaning of the phrase “that particular part” in the “damage to property” exclusion in standard commercial general liability (CGL) policies. Despite the seeming precision of the phrase, the court found that it was ambiguous.

Can you file a claim in Small Claims Court?

Unfortunately, filing suit in Small Claims does not guarantee the case will be heard there. A defendant may file a motion to transfer and ask that the case be taken out of Small Claims and put into the regular division of the Municipal Court. The court usually grants such motions.

How to file a small claims case in Colorado?

Follow these basic steps to open your case. JDF 248 Small Claims Instructions has all the information included in one document. STEP 1: Fill out your forms. Fill out Form JDF 250 Notice, Claim and Summons to Appear for Trial. Click on instructions for the step by step process to complete this form.

How to file a small claims lawsuit in Nevada?

The small claims video series was made possible thanks to a grant from the State Bar of Nevada’s Lawyer Referral and Information Service. Identifying and suing the correct “defendant” (the person or company you believe owes you money) is one of the most important steps in your case.

Where to file a small claims lawsuit in Arkansas?

All appeals are filed in the circuit court of the county where the Small Claims Court is located. If you have any questions or are confused about any of the elements or steps involved in filing a small claims court lawsuit, call the clerk at the district court in your area. They are usually able to assist you. Small Claims Court Checklist

Follow these basic steps to open your case. JDF 248 Small Claims Instructions has all the information included in one document. STEP 1: Fill out your forms. Fill out Form JDF 250 Notice, Claim and Summons to Appear for Trial. Click on instructions for the step by step process to complete this form.

What to do if you think your case is a small claim?

If you think your case is a small claim, you should next identify which county court will hear your case. You will need to identify the court that will hear your case to complete the forms mentioned later in these instructions, and to know where to go to file those forms.