How to File a Claim in Small Claims Court
If you suffer damages because of someone else, for example if someone damages your car refuses to pay, you can file a claim against the person in small claims court. The process is fairly simple. This article will explain the steps for filing a claim in small claims court.
Decide if the person you're filing a claim against is really responsible for the damage. - If you did something that may have contributed to the damage you received, you may not be able to recover all the damages you're claiming.
Download the specific claim form for your state and fill it out. - The easiest way to find the forms is to do a Google search. For example, 'small claims forms Raleigh, NC.' You'll also need to download the filing instructions and fee schedule.
Make sure all the information is complete and correct. - If any information is missing, the form will be returned to you, and you'll have to fill it out and submit it again.
Wait until your court date, and avoid contacting the defendant until then. - Once the court receives the form and necessary fees, they will set a court date and notify you and the defendant. You may have to pay fees to have the summons served on the defendant either by certified mail or by the Sheriff's office, which is usually more expensive.
Prepare for your court date. - If you're defending yourself, make sure you're prepared to cover every objection the defendant could bring up. If you're hiring an attorney, the attorney will have the legal expertise to cover all the bases with you.