Small Claims Court
Contents
What is Small Claims Court?
This is a type of court where people can bring issues up to a judge quickly. Lawsuits, or cases, in small claims court are for amounts up to $10,000. Because the cases are for smaller amounts, filing in small claims court can be less expensive and less complicated. Often, no attorney is needed to start a case or resolve an issue.
No formal paperwork is required to start a lawsuit other than an initial application. Other paperwork is needed to bring up a related issue against the person who started the lawsuit. The court clerk at your County District Court can help you find the right forms.
Small claims court is not for the following types of cases:
- Libel, slander, or defamation
- Probate issues
- Guardianships, adoptions, child custody, or divorce
Common small claims cases involve:
- Accidents
- Unpaid bills and garnishments
- Contract disputes
- Landlord and tenant problems
What to Expect at Small Claims Court
- A judge will hear your case and make decisions unless you request a jury trial.
- The person who started the case gets to tell their side of the story first. They should say what they want from the other party. This is what you want the judge or jury to “award” you. Witnesses and evidence are allowed to support a claim.
- The other side tells their story second. They can use witnesses and evidence to support their claims. If a counterclaim was filed, it should be brought up here and the “award” requested should be mentioned.
- The judge or jury will decide who should win the case and who should pay costs. This is called “the judgement” and can be enforce through court later.
- The judgement may require the loser to pay filing fees, costs, and any money owed. If the case was about property, the judgement will say who should have it.
- The judge may enter an “Order to Pay” where the loser must pay the judgement following certain terms. The judge can consider the loser’s financial situation.
- The winner of the case should go to the court clerk and file the judgement paperwork from the judge. The stamped copies of the judgement should be given to the other side. Make sure you keep your copy!
How to File in Small Claims Court
Ask your County District Court Clerk for a “Small Claims Affidavit”. This form is an application to file a small claims case. You will have to fill out some basic information about yourself and the person you are suing. You will also have to complete a section saying what you are suing for. This can be money or property.
There is a filing fee. After you pay a filing fee the court clerk will give you a date and time for a hearing. The hearing is usually 10-30 days after you file. If you cannot afford the fee, you should ask for a fee waiver application called a “pauper’s affidavit”.
You must now provide a filed copy of the Small Claims Affidavit to the person you are suing. This is called “service” and can be done through the Sheriff, a process server, or certified mail. The other person must be served at least 7 days before the hearing. If you wait too long, the judge may dismiss your case and you will have to start over.
To serve a business you will have to serve the business owner directly or the “registered service agent”. This information is online with the Secretary of State online or call (405) 522-4563.
Counterclaims
You can file a counterclaim when a small claims lawsuit has been filed against you and you have one or more legal claims against the other person. Counterclaims are usually issues related to the original lawsuit. A court clerk can help you find the correct form.
There are a few rules:
- The issue you bring up can only be about money or property,
- You must file the counterclaim at least 72 hours before the hearing,
- Pay the associated filing fee to the court, and
- Serve the other person or company with the filed counterclaim paperwork.
NOTE: Counterclaims cannot be filed in eviction cases.
Default Judgment
If one side does not show up to the hearing the judge may give a “default judgement” to the person present. This means that the person present wins whatever they requested in the small claims affidavit or counterclaim. If the person who filed the case is not present and no counterclaim was filed the case may be dismissed by the judge.
