Filing a Claim in Small Claims Court:  

• PREREQUISITES: Send a certified letter, return receipt requested,  to the defendant, giving notice of your intention to file a private right of action. State the amount of money you believe you are owed, and if the money is not received within 10 days from the date of the receipt of the letter, suit may be filed.

If the demand for damages is not met, proceed with filing a private right of action in small claims court. Most small claims courts have a form that can be filled out stating the nature of one's claim.  

• FILING SUIT: The responsibility for filling out your petition rests with you, the plaintiff. Court clerks will assist you if you have any questions.

• IDENTIFICATION: The defendant is either an individual d/b/a (doing business as) or an incorporation.

• VENUE: A private right of action can be filed in the precinct of the county where the violation occured or in the precinct of the defendants principle place of business.

• JURISDICTION: Jurisdiction in Small Claims Court is for the recovery of damages only, where damages do not exceed $5,000.00. Court costs may be added to that amount.

• COSTS: The filing fee is $15.00. Serving by constable costs $50.00 to $60.00 depending on county constable fee.

• CITATION: A citation is sent to the Constable's office for service. Out of county service is sent to the county Constable or Sheriff, depending on the information you provide the Court.

• ANSWER: The defendant(s) in the action is/are commanded to answer to the Court, in person or in writing, on the Monday following the expiration of twenty days from the date the citation was served upon him.

• REPRESENTATION: Small Claims Court was designed for individuals to be able to file suits without the assistance of an attorney, however, you may be represented by an attorney if you choose to do so. The Rules of Evidence are not in effect in Small Claims Court and the Rules of Procedure are relaxed.

• TRIAL: The plaintiff has the burden of proof to show by the weight of the evidence that the defendant is at fault, You should bring with you to trial all proof of damages and evidence necessary to substantiate your claim. You may also subpeona witnesses.

• The same as Small Claims or JP Court except that jurisdiction is raised to $100,000.00 and the court can issue a writ (injunctive relief). Filing fees also rise ($140.00).

• The same as above except that jurisdiction is now up to $1,000,000.00, and accordingly, filing fees are substantially higher ($195.00).
*additional court "fund" fees may apply.