If someone owes you money and mediation has failed, you can file a small claims motion against that person yourself. You do not need a lawyer to perform this process. In fact, some courts will not allow lawyers to represent the petitioner. Every state is different, but most have similar processes. First, you have to learn how to fill out the small claims court papers to begin the process.
Enter the county of this claim. Enter your name as the plaintiff in the case. You will enter name, address, city, state and zip code. The second part is where you write the defendant's name, address, city, state and zip code.
Check the box that pertains to your case. There is a box for claiming monies under $5,000 or return of property. Some forms will also have a box for evictions and return of earnest money.
Skip the third part where the time of the court date and information for the defendant is located. The clerk of courts will fill in this information.
Enter the compliant information. You should enter the amount of money owed on the first line. You can add interest and any costs associated with the small claims action such as filing fees and paper service fees.
Enter a brief description of why the money is owed to you, and give facts and dates. Be as specific as you can when entering the information as to why you are owed this money.
Present the document to the clerk of courts in the county in which you are filing. Then sign the document as the clerk watches you. This person will then notarize the legal form and enter the information that is required by the office.
- Always keep copies of your forms and any other documents submitted to the clerk of courts.
- If a person that owes you money lives in Texas and you live in Wisconsin, you must file in the defendant's hometown of Texas. If you live far away from where you must file a small claim, you can hire a paralegal to file the papers for you.