If you can't resolve a dispute and money is involved, you have the option of small-claims or conciliation court. This is the public legal forum for settling lesser civil lawsuits, presided over by a judge but no jury. You open a small-claims action by filing a statement of claim, in which you briefly set out your case against the defendant. Keep some basic rules in mind when preparing this important document.
Get a statement of claim form, either by visiting the local courthouse or downloading the form from the court's website. These forms provide spaces and lines for all the information needed to legally file the claim. Some courts provide fillable forms, which you can complete online and then print out. This is your best option, as it makes the claim legible and clear to the defendant and judge.
Advertisement Article continues below this adName the proper defendant. You must give the full legal name of the other party with precise and correct spelling, as well as her address and phone number, if you have them. If you are filing a claim against a business, give the business name as registered with the state. Every business operating under a name other than that of its owner must register its "fictitious name," and this information should be available online from the state agency or court that keeps this registry.
In the space provided, give the reason for your small-claims lawsuit. You only need basic information, with emphasis on the legal contract or agreement you believe the defendant violated. You do not need to cite laws or provide evidence or exhibits with the claim; you can do this during your oral presentation at the hearing, if necessary. Break down the amount of your claim into all of its constituent parts: actual damages, for example, as well as legally enforceable fines and penalties against the defendant.
Advertisement Article continues below this adSome small-claims courts provide no space for text; you simply check a box to indicate the nature of the case. The New York City small-claims form, for example, lists check boxes next to 28 different causes of action, from "Damage Caused to Automobile" to "Check (Stopped)." The form also offers a single line for "Other (Be Brief)."
In the final sentence of your claim or in the space provided on the form, give the dollar amount of your claim, down to the last cent. This is the figure that will be used by the presiding judge to determine the amount of your judgment, should you win the case. You are also allowed to claim any costs in the legal case, such as filing fees and the costs of serving the claim and the court summons on the defendant.
Sign and date the claim at the bottom of the form in the space provided and in the presence of a notary, if required by law. Print the correct spelling of your full legal name. If you have an attorney representing you in the matter, he must sign in your place, giving the address and phone of his place of business, as well as (in some jurisdictions) his state bar number. The court clerk will file your statement of claim and accept your filing fee, and she will issue a summons that you must serve on the defendant, either personally, through a process server or by certified mail.