You must fill out a Small Claims Packet and clearly stating in writing the nature and amount of your claim against the Defendant. You will have an opportunity to explain more fully in court. Notice of Claim forms are available in the Self Help Legal Center (SHLC) located in the lobby of the Justice Center, without charge, and on the Clerk’s Office and Courts’ websites.

If your suit is based upon a written contract or account, you must provide to the clerk of the court one (1) copy of the contract or account statement for the court record. This includes written leases in landlord-tenant disputes.

You must provide the correct name, address and telephone number of the Defendant on the paperwork. Be sure the named Defendant is the real party of interest. For example, in an automobile accident, you should sue the driver of the other vehicle, not the insurance company.

You must pay the ninety-seven dollar ($97.00) filing fee ($10.00 for each additional defendant) and $28.00 processing fee for personal service. There is no waiver of filing fee in a small claims case. If you win your suit, generally the Defendant will be ordered to repay this money to you. You will not be repaid if you lose.

If you are the Defendant and have received notice that you have been sued in Small Claims Court and you believe that you also have a claim against the Plaintiff, you may file a counterclaim against the Plaintiff.

You must file your counterclaim with the court so that the court will be able to mail a copy to the Plaintiff in time for the Plaintiff to receive it at least seven days before the trial. If the Plaintiff does not receive the copy of the counterclaim within that time the Plaintiff may request a continuance (postponement) of the trial date to allow time to prepare to defend against your counterclaim.