Small Claims Court FAQs
	Do I need a lawyer? Who can sue in small claims court? I’m being sued, can I counterclaim? Do I have a good case? How do I win my case? How do I compute damages? More than one defendant? What if the defendant does not show up? Do I need a lawyer? No. Some states even prohibit lawyers in Small Claims. Others allow them, but in any case, procedures are relaxed and more informal so plaintiffs can represent themselves. LegalZoom provides you with the tools and information to represent yourself. Who can sue in small claims court? As long as you are 18 years of age, mentally competent, and suing on your own claim, you can bring a case in small claims court. You cannot sue for someone else. Employees for a company can sue on behalf of the company, as long as they have first hand knowledge of what is going on. For example, a property manager can represent the landowner in a small claims suit to collect unpaid rent. I’m being sued, can I counterclaim? Yes. To assert a claim as a defendant, your must file and claim with the court. If you are the defendant and have a claim, you can also use LegalZoom to process this counterclaim. Do I have a good case? The answer to this question really depends on your own true feelings. Really, the only person who can say whether you have a good case is the judge. The questions to ask yourself are: Can I prove my case? And do I have a valid legal claim? 99% of all small claims court cases fall into the following legal claim categories: Breach of contract Bad debt Intentional Harm Personal Injury Product liability Failure to return a security deposit Professional malpractice Public or private nuisance How do I win my case? To win your case, the most important thing is to be organized. Here are some pointers: Organize the main points you want to make. Read what you wrote in your complaint, and be able to explain it. Be clear on damages that you're seeking, and why the defendant owes you that amount. Organize documents too (receipts, cancelled checks, record of telephone calls, etc.) so you won't fumble when retrieving them to back up a point. Line up witnesses with direct knowledge of the facts or "expert" witnesses (a mechanic, for example), and have a pretty good idea what they'll say. How do I compute damages? You can sue for the amount you are owed up to the court's maximum amount. The maximum amount per state varies. See our chart on the Maximum Claim per state. You can also collect any payments made to the court for filing fees and fees associated with collecting your judgment. More than one defendant? You can sue more than one defendant. Simply list the defendants on the claim form. You must serve each party involved. What if the defendant does not show up? If the defendant does not show up in court to defend himself/herself, then the judge will most likely rule in favor of the plaintiff. The term for this type of judgment is called a "default judgment" and is as good as getting a regular judgment. If the plaintiff fails to show, the judge will most likely dismiss the case. Point of origin credit for this file is given to LegalZoom.com, Inc., a registered and bonded legal document assistant, #0104, Los Angeles County. LegalZoom.com is not a law firm and is not a substitute for the advice of an attorney.