- 1). Calculate the amount you are owed and gather written records to support your claim. If you have no supporting evidence, you are unlikely to win your case.
- 2). Ask the defendant for whatever you believe you are owed. It is best to do this both in written form and verbally. Keep records of this communication. If you fail to state your request specifically--clearly explaining what you are suing about and what you expect to be paid--the lawsuit could be thrown out.
- 3). Decide in which state you need to file. If you did business with the defendant in one state and the defendant lives in another, you should start with the state where the defendant lives. You may, however, be able to file in the state where the business happened.
- 4). Verify that the state in question has a small claims or magistrate court. Visit the state's website and enter "small claims" into the search engine to find out if the state supports small claims cases. Each state also has its own rules regarding statutes of limitations. You need to be under the limit to file successfully.
- 5). Download the filing forms from the state's website. Fill out all relevant information with as much detail as possible. You must know the legal name of the defendant for the suit to be valid.
- 6). Send in the appropriate forms along with any registration fees. Include the fees in your suit so you can recoup those costs should you win your case. Some states allow you to file online.
- 7). Hire a process server to give notice of a hearing to the defendant once you are assigned a court date. You can have a court clerk mail the documents via certified mail, but this is frequently unsuccessful. A professional server can make sure the documents are placed directly in the defendant's hands and will file documents to the court stating this. You can recoup the cost of a process server in the event you win your claim, but you cannot serve the defendant yourself.
- 8). Attend the hearing on the assigned date to present your evidence and to get a decision from the judge. Small claims cases cannot be appealed.
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