Small claims court: how to file and prepare
Small claims exists so ordinary disputes can be decided without lawyers and without months of procedure. It rewards preparation far more than legal knowledge.
Who can file and how it works
You file against the person or business you say owes you, in the court area tied to where they are or where the events happened. Representation by a lawyer is normally not allowed on either side, which is the point: both of you explain your own case. The sum you can claim is capped, and claiming more than the cap usually means giving up the excess rather than moving court. Filing is done in person or online, with a fee that is generally recoverable if you win.
Prepare the evidence, not the argument
Judges here have very little time per case, so the file has to do the work. Put the documents in date order, number them, and write a one-page chronology at the front stating what happened and what you want. Bring copies for the court and for the other side. Photographs, messages and invoices land better than adjectives; if a sum is in dispute, show how you calculated it.
On the day
Say what happened in plain order and stop. Answer the questions asked rather than the ones you prepared for, and avoid arguing with the other side directly. If they raise something you did not expect, it is fine to say you do not have that document with you. Bring the original of anything important, since a court may want to see it rather than a copy.
FAQ
- Can I bring a lawyer?
- Normally no, and that is deliberate. You can still have a lawyer help you prepare the file beforehand.
- What if they do not turn up?
- The case can be decided in their absence, but you still have to prove your claim, so bring the full file regardless.
- How long does it take?
- Much faster than a regular claim, though it varies by court load. The bigger delay is usually collecting afterwards.
- They ignored my demand letter. Does that help?
- Yes. An unanswered, documented demand shows you tried to resolve it, and it dates the dispute.