Guide · Litigation

Small Claims and Self-Representation: A Comprehensive Guide to Filing, Proving, and Collecting

42 U.S.C. § 407

Type
Guide
Jurisdiction
National
Date
2023-10-21
Topic
Litigation

This guide takes a small claims matter from the first demand letter through the last collection step. Part one covers case selection: whether the claim belongs in small claims at all, whether the amount fits, who the proper defendant is, and whether the defendant can actually pay. Part two covers filing and service, including the constitutional standard for notice and the consequences of getting it wrong. Part three covers proof: what persuades, how to organize exhibits, how to compute and document damages, and how to present a case in the minutes actually available. Part four covers the defense side, including the affirmative defenses and the counterclaim. Part five covers judgment, appeal, and the trial de novo that can undo a small claims win. Part six covers collection in operational detail, with the tools, the exemptions, and the debtor examination. It closes with fee waivers, access-to-court doctrine, and a table of the recurring case types.

Small Claims and Self-Representation: A Comprehensive Guide to Filing, Proving, and Collecting

Litigation > Small Claims and Self-Representation | Published 21 October 2023 - Updated 1 February 2025 | UpLaw - uplaw.us

How to use this guide

⚠ Small claims procedure is state law, and it varies more than almost any other area covered in this corpus. Dollar limits, whether attorneys are permitted, whether the defendant may remove the case, whether appeal is de novo, and every deadline are local questions. ⭐ Read this guide for the structure and the strategy; get the numbers from your court's own self-help materials, which every state now publishes.

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