Before you file
The dollar ceiling is set by each state and runs from about $2,500 to $25,000, and your county court's website states the local figure. Before filing, send a demand letter that gives the amount, the reason and a deadline, commonly ten to fourteen days. Judges like to see one, and a fair number of disputes end right there. Check the statute of limitations as well. Claims on written contracts commonly expire in three to six years, and some other claims expire sooner.
Naming and serving the defendant
The most common fatal error is suing the wrong name. A business must be sued under its legal name, which you can find in the secretary of state's business search along with the registered agent who accepts court papers. A judgment against a shop's trade name can be worthless if the owner is a company called something else. File in the right county, which is usually where the defendant lives or does business or where the deal took place. The defendant must then be formally served, and you may not hand over the papers yourself. Courts allow certified mail sent by the clerk, the sheriff, or a private process server, depending on the state.
The hearing
Expect ten or fifteen minutes before a judge who has a full calendar, not a day in court.
- Write a one-page timeline with dates and amounts, and work from it.
- Bring three copies of every exhibit: one for the judge, one for the other side and one for you.
- Print texts, emails and photos, because a judge will not scroll through your phone.
- Bring witnesses in person, since a letter from an absent witness carries little weight.
- State the amount you want and show the arithmetic behind it.
Speak to the judge and not to your opponent, and do not interrupt.
Collecting what you win
A judgment is a court's statement that you are owed money. The court does not collect it for you. If the loser does not pay, you return to the clerk for the tools your state provides, which are typically wage garnishment, a bank levy or a lien on property, each with its own form and fee. A defendant with no job, no account and no assets may never pay, and that is worth weighing before you file.
Tip Filing fees can be waived for low income, and a winner can normally add the filing and service costs to the judgment. Ask the clerk for both forms when you file.
