If a client has refused to pay you a product or a relative of yours and refuses to pay you, you can file a complaint and try to recover the debt in the Small Claims Court. An attorney is not required for this court.
1 Go to court in the jurisdiction where the debt was created or where the person who owes you lives. Ask for information on how to file a lawsuit in small claims court. The secretary gives you the necessary forms and information to help you determine if you have a good case. It can also explain to you what to expect when you go to court.
- 2 Study the information of the court with great caution. There are limits to the amount that can be claimed. In addition, you are limited when you can borrow money for some extra damage, how long you have to claim and the steps you need to try to recover the money before filing a claim in court. .
- 3 Collect all the necessary documentation to prove that you owe money. Make copies if the judge asks for the evidence with you or if the judge asks for copies of the evidence when you are in court.
- 4 Get the name, address and phone number of the person who has shown your contract, pay a loan or for a service you offered and they did not pay you.
- 5 Complete the claim form and submit it to the clerk. You will have to pay a filing fee.
- 6 Notify the person who must inform the money you submitted in court and why. You may personally send a courtesy notice or post to you, although you must pay for the service.
- 7 You must be prepared to discuss the matter during the preliminary hearing. You can resolve the dispute during this trial or during a mediation session. If this is not possible, the secretary will set a date for the hearing.
- 8 Get on time for the trial, get ready and go ready to prove your case. Be courteous to the judge and the accused at all times and don’t let the emotions separate you from the facts of your case.
- 9 Name the witnesses so you can make sure they arrive.
- Although you do not have a lawyer in the small claims court, you can consult a lawyer before the trial.
- If you win the case, the judge may order the defendant not only to reimburse the debt, but also the cost to bring the case to court. Make sure you watch these costs.
- Be careful not to try to recover your debts from any illegal means, such as attacking the person who owes you money. This will seriously harm your judgment.
- Remember that the rules and procedures for filing a lawsuit in a small claims court differ in each state.