So you’re pissed because someone did you wrong. You’re mad because someone owes you money and will not give it back. Or maybe you did some work for someone, and they don’t want to pay you. Maybe that landlord of yours doesn’t want to give you your security deposit back. After getting mad, you begin to say “I’m going to sue that mot%*$ f$&@er”, or you get bold and tell that “mot%*$ f$&@er” to their face “I’m going to sue your a&$”. You did all that barking but you don’t do anything about it. You probably called an Attorney, but they are charging you way more than the itty bitty $300 you are seeking. So it ends there, and the person goes off in the wind with your entitled compensation. Here’s some helpful information so you can “sue that mot%*$ f$&@er” in small claims court:
Step 1- Identify Your Claim
Your claim is basically what action this person did to you. If the person didn’t pay you money after there was an agreement, that person breached a contract, so you would be suing for breach of contract. If you slip and fell in a store, the store was probably negligent, so you’re suing for negligence. Breach of contract and negligence are your common claims, anything beyond that you may want to consult with an Attorney to figure out what your claim is. Small claims court only handles matters where the amount in controversy is $5,000 or less.
Step 2- Draft the Complaint
The complaint is the legal document that is filed by the plaintiff (which would be you), to a court, to begin litigation against another party. Sometimes your local clerk will have pre-drafted complaint forms where you fill in the blanks. If there aren’t any forms available, you would need to create one yourself. When writing your complaint, make sure you put just enough facts that support your claim. No need to give the whole story, just the main points that gives the other party an understanding of your lawsuit. Here’s an example of a Complaint I helped someone draft. Sample Complaint
Step 3- File Your Complaint
After you finish drafting your Complaint, make sure you get it notarized. Also, if your claim involves a contract, make sure you attach a copy of the contract to your Complaint. Take your Complaint to your local county court to file it with the clerk. Once you have filed your Complaint, the clerk will issue you a summons for you to attach to your Complaint. You would need to pay the filing fees associated to the amount of money you are seeking. If you prevail in your lawsuit, you can be awarded these fees back in the judgement entered.
Step 4- Serve the Summons
It is required by law that the party bringing an action, serve the other party with the summons and a copy of the Complaint in order for the lawsuit to begin. For small claims you can serve a party by certified mail with return receipt. Once the other party has been served, they will have 20 days to file an answer, admitting or denying each allegation in your complaint.
Congratulations!!!!! Once you served the summons you have officially began the process of your lawsuit. You will just need to file with the court proof of serving the other party.
Now you can sit back, relax, and wait for your day in court where you can be the next Johnny Cochran or Tobechuku T. Nwahiri, Esq, and show that “mot%*$ f$&@er” you weren’t playing around!!!
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