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In a NutshellWhat should you do if you get sued in small claims court? While the answer depends on the type of case, the worst thing you can do in any case is nothing. A judgment, or court order, against you opens the door for the plaintiff (the person or company who is suing you) to garnish your wages, seize your property, or take other actions against you. Though rules and procedures vary from state to state, these are some important tips for defending any small claims case.
What should you do if you get sued in small claims court? While the answer depends on the type of case, the worst thing you can do in any case is nothing. A judgment, or court order, against you opens the door for the plaintiff (the person or company who is suing you) to garnish your wages, seize your property, or take other actions against you.
Most small claims cases involve debt collection. Even if you believe that you owe the debt, you should still review the complaint or petition and any attached documents. You may be able to reduce the amount of the claim or improve the outcome of your case. Though rules and procedures vary from state to state, this article covers important tips for defending any small claims case.
In small claims court, preparation is key to a successful case. Here’s an overview of how to prepare to defend your case.
The basic steps for preparing a case are the same in any court, but the rules are different for every court. Before going any further with your case preparation, it’s important to find the specifics for your court.
Most small claims courts have websites that contain court information, local rules, and links to download and complete local court forms. Your court’s web address may be listed on the summons or notice you received telling you about the case. Some of the key questions to answer include:
If you have trouble finding this information online, call the court clerk’s office and ask. The court’s phone number should be on the summons.
In many cases, you may be able to settle the case — that is, work out an agreement with the plaintiff — before the court date. This is a particularly good option if you think that the plaintiff has a strong case against you and is likely to win in court. For example, if you’re being sued for an unpaid credit card debt and you know that you owe the money.
The easiest way to attempt a settlement is to contact the plaintiff’s attorney or representative and make a settlement offer. Don’t contact the plaintiff directly unless they are representing themselves.
It costs money to bring a case against you, so most plaintiffs won’t do it unless they think they have a strong case against you and a good chance of collecting. Since the case has already gotten this far, you’re not likely to convince the plaintiff to drop the matter completely. Your best bet is to try to agree on a reduced claim amount, typically around 20-35% less than the amount in the complaint. In exchange for the reduction, the plaintiff won’t have to spend any more time on the case or pay more legal fees.
If you’re able to reach a settlement agreement, make sure the plaintiff files a motion with the court to dismiss the case. If you don’t receive a copy of the notice of dismissal, call the clerk’s office a day or two before the trial date to confirm that the case has been dismissed. If it hasn’t, you should go to court at the date and time in your summons to make sure the case is dismissed. Sometimes, if the plaintiff’s attorney must appear in court on other matters, they may announce the settlement and dismissal into the court record instead of filing a formal motion. This is common practice in some courts.
Be prepared to go ahead with your case if the lawsuit hasn’t been dismissed. If you don’t show up for court and the case has not been dismissed, the court could enter a default judgment against you. If this happens, though, all isn’t lost. You can still file a motion to vacate the default judgment. If the plaintiff or their attorney told you the case would be dismissed and then moved forward with the case anyway, the judge is likely to set the default judgment aside. The court clerk’s office may be able to help you file the motion correctly.
Note: The plaintiff may include the settlement terms in an agreed order instead of just dismissing the case. Ideally, you’d rather not have a judgment against you, not even a reduced judgment, but this is the required procedure in some courts. This rule reduces overall paperwork for the court: If you don’t pay the settlement amount as agreed, the plaintiff won’t have to file another lawsuit.
Some courts don’t require you to file a written answer before your court date. In these courts, you can just show up at the trial and argue your case. But most courts do require you to submit some sort of response or notice that you intend to defend your case. To find out what you’ll need to do, check with your court’s website or clerk’s office.
A small-claims answer is different from the professional legal pleadings that would be required in district court. Oftentimes, the clerk’s office will have an answer form that you can complete by hand and submit. Your answer generally just needs to express that you disagree with the plaintiff's claim. Unless your court has other requirements, you usually won’t need to include legal arguments.
The plaintiff has the burden of proof, which means it’s their job to present enough evidence to prove that the claims in the complaint are true. Your job is to point out the things the plaintiff missed or got wrong. Some examples might include:
Many states treat evictions as debt collection actions that are handled in small claims court. In an eviction case, you need to show proof that you made rent payments (or other defenses to eviction).
If you’re being sued in small claims court, consider the facts of the case and determine whether you have any claims against the plaintiff. If so, you can use this case as an opportunity to sue the plaintiff for those claims. This is called a counterclaim. If you have any counterclaims that arise from the same facts as the plaintiff’s case against you, you must file them now or you will lose the right to pursue those claims in the future.
A counterclaim is usually treated as a new complaint. You’ll need to file your counterclaim with the court and pay a filing fee. In most courts, you must also serve a copy of the counterclaim on the plaintiff as if it were a new lawsuit, usually by certified mail or a process server, and file a proof of service. You will have the burden of proof for any claims that you make in your counterclaim.
Sometimes, you don’t yet have access to everything that you’ll need to prove that you are right and/or that the other side is wrong. For example, in a car accident case, you might need the police report from the scene. In a court case, each party has the right to request and receive necessary evidence before trial. This exchange of evidence and information is called discovery.
In superior courts, discovery is a formal process. The plaintiff and defendant use formal discovery procedures, including interrogatories, requests for production, requests for admissions, subpoenas, and depositions, to exchange evidence. The parties must follow strict rules about how and when to request discovery and what may be requested.
Most small claims courts don’t use these formal discovery techniques. Some small claims courts leave discovery up to the parties unless someone files a motion. Some courts require an informal exchange of evidence shortly before trial. Some courts only require formal discovery if one of the parties requests it. If you need to request discovery, check your court’s rules to find out your local procedure.