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Small Claims
In order to begin a small claims action, you must prepare the proper legal documents and file them in the appropriate courthouse.
The legal documents are typically known as “pleadings” or “statements of claim”. They set forth the basic facts of the case, such as what happened, where and when, how much you hope to recover, and what attempts you made to obtain payment.
If your case involves a business you own, you will need to file the small claims case on behalf of your company. Corporations, LLCs and sole proprietorships can all take advantage of small claims court.
However, you should be aware that sole proprietorships operating under a trade name or DBA must have the DBA registered with the proper government authority. For instance, if John Smith, a sole proprietor, operates his business under the name Speedy Plumbing, then the trade name Speedy Plumbing must be registered before he can bring the small claims case. If you need to register a DBA for your business, LegalZoom can do it in conjunction with your small claims case. More about LegalZoom’s DBA Services.
Make sure you know the legal name of the person or business you’re trying to sue, along with their address and telephone number. Any other information you can obtain, such as the defendant’s employer or Social Security number can help you in locate him or her and later, in collecting a judgment.
Where Should You File Your Small Claim?
The general rule as to where to file your case depends on where the defendant lives, or where the action that led to the dispute took place. If you ordered something over the internet, by mail or telephone, your local court will usually have jurisdiction, since your part of the transaction took place locally.
There are of course some exceptions to jurisdiction rules. You can sue a business in your state if the business has an office, warehouse, retail location, or any significant business dealings in your state, even if that business is headquartered somewhere else. If you were involved in an accident or purchased an item through an installment program, then you can file your suit in the area where the accident or sale occurred.
LegalZoom's Small Claims service simplifies the legal rules. By taking you through an online interview, we will provide you with options that will help you determine where to file your case. This way, you can choose the most convenient location.
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