Summarize the following:
Before going through the trouble and expense of filing a case and getting other parties involved, determine if your case is worth the effort. Think about how likely you are to get your money. Does the defendant have money to pay you? Just because you receive a judgment in your favor in small claims court, that doesn't mean you will definitely get your money. Many state and counties have outstanding resources available to help people navigate the small claims court process. Check your county court website to see if it has information that will help you understand what's involved. Be sure you know everything you have to prove to the court about your case. You should locate the statutes for your state about your issue, and you may need to review some case law about your claim. You can normally find up-to-date statutes on the website for your state's highest court or legislature. Many states have a searchable database of appeals court opinions on the website for the state's highest court. If you have difficulty locating these things, the librarian of your local law library or the self-help center at your local courthouse should be able to steer you in the right direction. Many states have pre-prepared forms for self-represented litigants. These are usually found on the website for the state's highest court. They usually come with instructions, and in some locations, many approved forms are even published together in packets for particular claims. If your court does not provide packets, be sure you know what all you need to file to begin your claim. This should include a petition (the document about your claim), a summons (a document calling the other party into court), and other documents your court may want on all or just self-represented litigants (such as a personal data sheet, acknowledgment of knowing certain rules of court behavior, etc). These forms should either be typed or filled in legibly in ink. Some courts require that you only use blue or black ink, so be sure to read the instructions. If there are no pre-prepared forms for your claim, use one for another claim as an example for formatting and the type of things that will need to be included. After your documents are completed, you will need to make copies of them. You will need the original, a copy for your files, and a copy for each defendant. Take the original documents (and the copies if you would like the filing date stamped on them) to the clerk of the court that has jurisdiction over your claim. The clerk will take the original documents from you for the court's file, and give you a case number. The case number is the number you will use to identify your case from that date on, and you should not lose that number. Be polite and respectful with the clerk. People are usually more willing to help if they are treated well, and your success in this case depends on you being respectful towards anyone who might be able to give you even just one step up. The clerk will also issue your summons. There will likely be a charge for both filing your case and issuing the summons and potentially other things like asking for a jury trial. You can find out what those fees are by calling the clerk beforehand or looking it up on your court's website. Your original documents and the summons must be served on the defendant(s). Your states civil procedural rules will tell you whether you need to hire a certified process server, pay the sheriff to serve the documents, or have someone over 18 who is not a part of the suit serve the documents. Your initial small claims documents must be served in person. Check your state's rules to find out if there is a special form that needs to be completed as part of the serving process. Generally speaking, filing fees depend on the amount of the claim: if the claim is under $1,500 in California, for example, the filing fee is $30. The fee goes up to $75 if the claim is under $5,000 but over $1,500. There may be additional fees if you have already filed more than one claim in small claims court in the previous 12 months. There may be other fees as well; for instance, if you want a jury trial for your case, you will need to pay additional fees. This might not be an option in all jurisdictions. Keep in mind that fees vary between jurisdictions. If you cannot afford these fees, ask the clerk about filing for indigence or pauper status.
Think about the end of your case at the beginning. Take your time preparing the case. Prepare your documents. Fill out all of the necessary forms. File your documents: Serve the defendant(s). Pay filing fees and any additional fees.