How do I start a small claims case?
Thanks, I look forward to hearing from you.


Myranda

· Use the court form "Small Claims Writ and Notice of Suit," JD-CV-40. Choose either the PDF version or fillable version from Court Forms under "Civil".
· If you choose the fillable file format, be sure to follow the instructions that are printed on the top of the form.
· Send in sufficient copies of the writ including the defendant's instructions.
· If you are attaching documentation, please enclose sufficient copies - one for the court and one for each party named.
· The person bringing the action is the plaintiff; the person being sued is the defendant. After judgment enters, the one who recovers the judgment is the "judgment creditor" and the one who is ordered to pay the judgment is the "judgment debtor."
· If there are more than two plaintiffs or you are suing more than two defendants, you must complete and attach sufficient copies of the JD-CV-67, "Continuation of Parties" form to the Small Claims Writ and Notice of Suit form. You can access the form from our website. Choose either the PDF version or fillable version from Court Forms under "Civil".
· The forms are available in any court location that handles small claims cases. Find your town and the court location that handles small claims, court address and telephone number.
· Type or legibly print (with black ink) your information on the forms.
Please contact me again if I can help in any way.
Yours faithfully,
Lucy

The small claims court should have a form for you to complete to describe the matter and list the damages you believe are owed. After completing the form, a filing fee is filed and the form has to be served on the other opposing parties. Many small claims court provide service of the summons and complaint form after payment of the filing fee, and some may require the filer to serve the opposing party in person, by mail, hire a process server, and comply with service of process for the state the small claims court is located in. The parties are to be heard on a certain date and time, which is assigned byt he court which has to be served on the opposing party as required by state law also.

I am blogging about my first experience in Small Claims Court at BestSellerBookReview.com my blog and book review site. (http://www.bestsellerbookreview.com) I'd love to share notes and insight with you.

- Jason