When contemplating the legal system, images of high-stakes lawsuits or fictional courtroom dramas may come to mind. However, countless cases are settled each year in small claims court, where the stakes are lower, and legal representation is often optional.

It’s quite probable that you may encounter small claims court at some point in your life. If a contractor believes you owe them money or a neighbor feels wronged by an action of yours, they can easily initiate a case by paying a nominal fee—often below $100. It’s essential to take this circumstance seriously. While the concept of small claims might bring to mind entertaining shows like Judge Judy, the implications of ignoring such proceedings can be significant. Here are steps to take if you find yourself facing a lawsuit in small claims.

Consider Negotiation or Mediation

Your first approach should involve attempting to resolve the matter before it escalates. If there’s a misunderstanding or room for discussion, consider contacting the plaintiff to iron things out. There are no restrictions on seeking an amicable solution prior to your scheduled court date.

If the negotiation doesn’t yield results, you may want to propose mediation, which involves an impartial third party facilitating a resolution. Many small claims courts encourage or even mandate this step, so it’s advisable to consult with the court clerk regarding mediator options available in your area.

Attend Your Court Hearing

If direct negotiation fails, prepare for the court appearance. Regardless of your perceptions regarding the potential outcome, it’s crucial not to miss this date. Should you wish to request a postponement, your appearance is necessary to submit that request. Generally, unless informed otherwise by the judge, attending the court date is non-negotiable.

Failure to attend can result in two significant repercussions:

• Default Judgment: The most likely scenario is that if you do not appear, the judge will typically rule in favor of the plaintiff by default, granting whatever they requested. This strips you of the opportunity to present your side and mitigate the financial impact.
• Loss of Appeal Rights: You can challenge small claims outcomes just like any verdict, unless you miss the court hearing and default is entered. The right to appeal may seem trivial in smaller disputes, but relinquishing this power is ill-advised.

Forfeiting any influence over the proceedings effectively undermines your own position.

Preparation is Key

With your court date approaching, it’s time to get organized. While these cases are termed “small,” they can have significant implications. Claim values vary greatly by jurisdiction, with limits from a low of $2,500 in Kentucky to as high as $25,000 in Delaware and Tennessee. If losing $25,000 isn’t an issue for you, that’s fortunate; however, most would agree that fighting to reduce a claim is worth the effort.

• Seek Guidance: Legal representation isn’t required in small claims court, and in many jurisdictions may not permit it. However, review all documents related to your case to fully comprehend what you are facing and what the plaintiff seeks. If unclear, enlisting a lawyer for advice is perfectly acceptable.
• Collect Evidence: Bring any relevant documentation to counter claims or clarify misunderstandings. Prepare to discuss why you believe the financial request is excessive or why you are not liable. Since you’ll have an opportunity to address the judge directly, articulate your points clearly and concisely. If you have witnesses, ensure they arrive on time or provide written statements for submission.
• Be Attentive: It’s crucial to listen and follow the judge’s instructions diligently. Most judges realize you may not be familiar with the process and will guide you as long as you approach them with respect and a willingness to learn.