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- 1). Decide on the correct venue. Your claim must be heard in the correct county where either the incident took place, or the person or business is located.
- 2). Make sure your judgment demand is within the jurisdiction of small claims court. The monetary limit a plaintiff can request in small claims court depends upon the state. For example, the state of Arizona limits small claims judgments to $2,500, while the state of Oklahoma allows plaintiffs to sue for $6,000.
- 3). File your complaint with the court clerk's office. The courthouse clerk can assist you with completing the forms necessary to file your complaint. The forms will include your personal information such as name and address, and information about the defendants, which includes their name and address. You must also include a statement of facts concerning the situation for which you are seeking damages. No evidence is required with the submission of the complaint; you will bring evidence to court with you.
- 4). Pay all applicable fees. Fees vary per venue and also per type of claim. For example, in Arizona an eviction action claim costs $40, while a regular small claims complaint costs $38 (as of 2010).
- 5). Serve the defendant in the case with a service of process. You may not do this yourself, in person. An authorized third party such as a process server or the county sheriff may serve the defendant in person. Secondly, many courts will send the service of process by certified mail for you, or allow you to send the document by certified mail through the postal service. You must file the signed postal receipt with the court before your court date if you send it by certified mail.
- 6). Appear in court on your court date. Your court date may be set days or weeks from the date you filed your claim, depending on how busy the particular venue is. Be prepared to present your case by having all evidence in order. You may also want to make copies of any evidence, and take both the copy and original evidence to court with you. You may also ask any witnesses to appear in court with you.
- 7). Wait for your judgment. Judgment will usually be sent to you in the mail, usually within days or weeks of your trial. If judgment is made in your favor, you have the right to pursue the monetary settlement. The court will not pursue monies owed for you, but it can advise you as to different ways that you may enforce your own judgment.
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