How to File in Small Claims Court

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By: Attorney Nicole Hetz

*It is important to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.

Did someone destroy your property? Did someone not pay you or not complete a service? Do you want to “take someone” to small claims court? Or did you receive a notice from small claims court and you don’t know what to do?

Before you can take any action, you’ll need to reflect upon your specific situation. First, do you have a contract with the other party? Having a legally enforceable signed contract will give you a stronger case if it is determined by the judge that the other party breached the contract. Not having a contract at all (whether for a service, product, or loan) does not prevent you from filing a small claims court case or from winning one. However, it makes it more difficult. 

If you do have a contract with the other party involving the issues you are having, then you need to check if there’s a dispute resolution clause in the contract. If you and the other party agreed to resolve the matter outside of court (small claims or other), you must follow this clause. For example, it may say that prior to filing in court you have to hire a third party mediator (not tied to the court). If this is the case, you can’t file in court until this dispute resolution method is followed. 

In order to file in small claims court, you must first make a good faith effort to collect your claim from the person who you are wanting to take to court.

You can’t go from having an issue to immediately filing unless you’ve first made a good faith effort to collect. This good faith effort may have been a written request made to the other party to remedy the situation, a private mediation (per dispute resolution clause) that didn’t end in resolve, or a legal demand letter written by an attorney that the other party received but didn’t follow.

After you have assessed your situation, if you’ve determined you can proceed with filing a small claims court, you’ll want to consider how much in damages you are seeking to recover from the defendant. Small claims court in Oregon and Washington can only award money and/or the recovery of personal property up to $10,000. In California, the maximum amount will depend on if you’re trying to collect as a business or personally. 

• Note that while you can ask for money damages in court, you may not ask the court to order the defendant to do anything, or to refrain from doing something. This is called an injunction. If you need an order to make someone do something or stop doing something, other courts are available. 

Who is the plaintiff in a small claims court case?

If you’re bringing a case against someone, you are the plaintiff. If someone is bringing a case against you, you are the defendant. This doesn’t change throughout the process even if you as the defendant decide to bring an action against the plaintiff as well. This is called a counterclaim. It is very important that you have a name, or a company name, and an address to be able to notify all the parties. 

Can a lawyer represent you in small claims court?

Per small claims court rules, lawyers have a limited role in the small claims court arena. While lawyers can’t be in the small claims court during small claims court proceedings unless the judge gives permission (which is rare), lawyers can advise on your legal matter as it unfolds.

Now that you know the qualifications, you need to file a small claim. This is a county by county issue and your case must be filed in either the location of the incident/contract took place or the county the other party (defendant) lives in. Begin by looking into the state of filing. 

For more information about Oregon Small Claims Court, please visit the state website:  https://www.courts.oregon.gov/courts/multnomah/go/pages/smallclaims.aspx 

Washington State Small Claims Court: https://www.courts.wa.gov/newsinfo/resources/index.cfm?fa=newsinfo_jury.scc&altMenu=smal

California Small Claims Court FAQ:  https://www.dca.ca.gov/publications/small_claims/basic_info.shtml

How to serve a defendant in a small claims court?

The plaintiff must officially notify all defendants that a case has been filed. This is known as service. There are different ways in which you can do this, and they will cost money. You can take a copy of the claim to the sheriff’s office in the county where the defendant is located and have a sheriff’s officer serve the defendant or you can hire a private service company to do so. You may need to also file a copy of a document with the courts to prove the service was completed on a certain date, time, and place. 

If you would like Rational Unicorn Legal Services to advise on the legalities of your potential small claims court case, assist with filing or claim, or help you prepare for your “big day” in small claims court, please get in touch via our contact page to book a free 30 minute consultation.