Common Mistakes in Filing Small Claims and How to Avoid Them

Several common mistakes can occur when filing small claims, and being aware of these pitfalls can help individuals navigate the process more successfully. Most small claims litigants are not represented by attorneys and there are series of events that may not fit neatly into those rigid categories of the law. Here are some of these mistakes and tips on how to avoid them:

Do NOT interrupt the Judge

Interrupting the judge is not only disrespectful but can also harm your case. Wait for the judge to finish speaking before responding, and always address the judge with the appropriate titles and language.

Do NOT interrupt the person you sued

Just as it's crucial to show respect to the judge, it's equally important to treat the opposing party with courtesy. Interruptions can escalate tensions and reflect poorly on your conduct.

Answer the question the Judge asked you

Judges ask questions to gather specific information relevant to the case. Stick to the question asked and provide clear, concise answers. Avoid going off-topic or providing more information than necessary.

Be prepared

Thoroughly prepare for your court appearance. Know your case inside and out, bring all necessary documents, and be ready to present your evidence in a clear and organized manner.

Do not talk back

Maintain a respectful and professional demeanor in the courtroom. Avoid arguing with the judge or the opposing party. If you disagree with a ruling, express your disagreement calmly and follow the appropriate procedures for addressing concerns.

Not Researching the Limitations

Each jurisdiction has specific rules regarding the maximum amount that can be claimed in small claims court. Make sure you know the limit for your jurisdiction, as attempting to claim an amount beyond the limit could result in your case being dismissed.

Incorrect Defendant Information

Ensure that you have the correct and up-to-date information for the person or entity you are filing against. If the defendant's name or address is incorrect, your case may be delayed or dismissed.

Ignoring Mediation or Settlement Options

Many small claims courts require parties to attempt mediation before proceeding to trial. Ignoring this step or not being open to settlement discussions may reflect poorly on your case.

Incomplete Documentation

Proper documentation is crucial in small claims court. Collect all relevant evidence, such as contracts, receipts, photos, or witness statements. Failing to provide sufficient evidence can weaken your case.

Filing in the Wrong Jurisdiction

Small claims cases typically need to be filed in the jurisdiction where the defendant resides or where the incident occurred. Filing in the wrong jurisdiction could result in your case being dismissed.

Not Understanding Court Procedures

Familiarize yourself with the rules and procedures of your local small claims court. Ignorance of the process can lead to mistakes and delays.

Ignoring the Statute of Limitations

Every legal claim has a time limit within which it must be filed, known as the statute of limitations. Failing to file within this timeframe can result in your case being barred.

Not Properly Serving the Defendant

Ensure that the defendant is served with proper notice of the lawsuit. Failing to serve the defendant correctly can lead to delays or dismissal of the case.

Disregarding Court Etiquette

Follow proper courtroom etiquette and be respectful. Failing to do so can harm your credibility with the judge.

Ignoring Post-Judgment Procedures

If you win your case, there are procedures for collecting the judgment. Be sure to understand these procedures and take appropriate steps to collect any money owed to you.

Not Appearing in Court

Failing to appear on your court date may result in your case being dismissed. Make sure you are present and punctual.

Overlooking Counterclaims

Be aware that the defendant may file a counterclaim against you. Be prepared to address any counterclaims during the proceedings.
Contact us before filling a small claim case, you should avail yourself of our reliable and knowledgeable services to ensure you understand the specific rules and requirements in your jurisdiction. By offering a comprehensive small claims service, we assist individuals in navigating the legal process more effectively and increase their chances of a favorable outcome. Always ensure that our services comply with local laws and regulations.