Small Claims Court Checklist
Before the Hearing-For the Plaintiff
- Contact the other party to discuss and try to resolve the problem.
- Try mediation or other informal dispute resolution services.
- Familiarize yourself with small claims court procedures (read this booklet, talk to a small claims advisor, attend a court session).Determine the exact amount in dispute.
- Identify the court where venue is proper.
- File a Plaintiff's Claim and Order to Defendant and pay the filing fee, or, if you're a business, file Fictitious Business Name Declaration, if appropriate.
- Arrange for service of process on each defendant. Make sure the Proof of Service form is returned to court before the hearing and the minimum days of notice are met.
- Prepare for court: Organize your thoughts, collect evidence, talk to witnesses, etc.
- Keep communication open. Try to resolve the dispute with the other party before the hearing.
- Attend the hearing and present your case.
Before the Hearing-For the Defendant
- Contact the plaintiff to discuss and try to resolve the dispute.
- Suggest or agree to try mediation or other informal dispute resolution methods.
- Familiarize yourself with small claims court procedures (read this booklet, talk to a small claims advisor, attend a court session).
- If you have a claim against the plaintiff, consider resolving it at same hearing. (File a Defendant's Claim and Order to Plaintiff.)
- Prepare for court hearing: Organize your thoughts, collect evidence, consult witnesses, etc.
- Keep communication open; try to resolve the dispute before the hearing.
- If you owe something, try to pay it or to work out a payment plan before the hearing.
- If necessary, ask court to postpone the hearing to let you and the plaintiff resolve the dispute informally.
- Try to avoid having a court judgment entered against you, since it may appear on your credit record.
- Attend the hearing and present your defense.
After the Hearing-Plaintiff and
Defendant
- Obtain a Notice of Entry of Judgment form in small claims court.
- If the plaintiff or defendant was unable to attend the hearing for good cause, file Notice of Motion to Vacate Judgment and Declaration to request a new hearing. If a judgment was issued against a defendant who appeared at the hearing, file a Notice of Appeal to request a new hearing in the Superior Court.
- Judgment debtor: Take action to comply with the judgment (pay the judgment creditor directly or make payment to the court). After payment, make sure an Acknowledgment of Satisfaction of Judgment is filed by the judgment creditor with the small claims court. If judgment isn't paid within 30 days, complete and return the Judgment Debtor's Statement of Assets form that accompanied the Notice of Entry of Judgment.
- Judgment creditor: File an Acknowledgment of Satisfaction of Judgment with the small claims court after the judgment is satisfied, or take steps to collect the judgment.
