How to file a claim:
Look in the white pages for the
municipal court nearest your residence. Go to the court and ask
for the small claims clerk.
You need the defendant’s exact legal name and
address. You must fill out a court form saying who you are suing
and for how much. You must pay a small filing fee or get the fee
waived. The defendant must be served with a copy of the claim.
This can be done for a fee by the Sheriff's Department, or the
Small Claims Court Clerk may serve the claim by Certified Mail.
It can also be done by a process server, a friend, or a relative;
you can’t do it yourself.
Bring to court all witnesses, books, papers and
receipts you may need to prove your case. Lawyers are not allowed
in Small Claims Court, but before going to court, you may consult
an attorney or ask the court to provide assistance. The trial is
informal. The judge is experienced in settling disputes and will
come to a decision based on the facts, law, and common sense.
If you obtain a judgment against a defendant,
the court clerk will tell you ways to collect your money if the
defendant fails to pay the judgment.