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- 1). Fill out the small claims court complaint form, giving as much detail as possible about your dispute and attaching applicable documentation. Contact the county clerk to obtain a complaint form and to ask
any questions about completing the complaint. - 2). File your small claims lawsuit in the county where the defendant lives or conducts business and pay the appropriate filing fees. If there are multiple defendants, you may file in the county where any one of them lives or conducts business.
- 3). Serve the complaint upon the defendant. The complaint may be served by certified mail, by a process server or any person over 18 who is not involved with the case. If the defendant is a business, serve the resident agent or owner, president or officer of the company. Serve the complaint immediately to avoid delays and dismissal of the case.
- 4). Provide the court with proof that the defendant has been served.
- 5). Gather documentation for the trial, which may include receipts, invoices, canceled checks, contracts, warranties, correspondence, photographs and anything else that supports your case. If there are witnesses who support your case, ask them to attend trial with you or issue a subpoena compelling them to appear in court.
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