Small Claims Court Small Claims Court handles disputes involving no more than $8000 Suit must be for money only Plaintiff must be at least 18, or have someone over 18 file on his/her behalf Procedures relaxed to make it easier for people to represent themselves No jury; cases decided by the judge

Filing a Lawsuit Should always try to settle before going to small claims court Try and file suit as soon as reasonably possible If necessary, file a Complaint supplied to you by the clerk of the court and pay the court costs Have to file at the court in the county where the defendant resides, carries on a regular business, or is employed If it’s a tort action, file the suit where the cause of action arose

Summons Trial cannot be held until defendant has been served with a Summons to appear and a copy of the Complaint Sent to defendant by certified mail, the sheriff, or a private process server

Trial Plaintiff must prepare for trial since no lawyer Should write down summary of your side of case Attend another trial to observe the proceedings Collect all documents related to case Ask clerk to issue a subpoena for anyone who can provide essential information

Money awards Plaintiff can still receive their monetary awards even if defendant is not cooperating EXECUTION – court seizes and sells goods the defendant owns (can order the defendant to appear in court to answer questions regarding the location of assets) GARNISHMENT – court seizes money in defendant’s bank accounts GARNISHMENT OF WAGES – court takes defendant’s wages

What should you do if you get sued? File a Notice of Intention to Defend if you want to appear in court to explain your side Request a Continuance if you can’t appear at designated time Try to settle with plaintiff!!!