Toolkit · Litigation
The Small Claims and Judgment Collection Toolkit
11 U.S.C. § 522
- Type
- Toolkit
- Jurisdiction
- National
- Date
- 2025-10-25
- Topic
- Litigation
This toolkit collects the documents a small claims litigant actually uses, on either side of the case. It includes the pre-filing investigation worksheet, the demand letter, the service decision table, the exhibit index and damages sheet, the two-minute hearing script, and the defendant's answer and counterclaim outline. It continues past judgment with the motion to vacate a default, the settlement stipulation that is enforceable without a new suit, the judgment debtor examination question set, the garnishment and levy sequence, the judgment lien and renewal tracker, and the satisfaction of judgment. A debtor-side exemption claim is included, with the federal protections that most often apply. It closes with an authority reference table and a routing table to the rest of the corpus.
The Small Claims and Judgment Collection Toolkit
Litigation > Small Claims and Self-Representation | Published 25 October 2025 - Updated 12 August 2026 | UpLaw - uplaw.us
⚠ Small claims procedure is state law. Confirm every form name, fee, and deadline with your own court's clerk or self-help center.
Tool 1 — Pre-filing investigation worksheet
| Item | Finding | Source |
|---|---|---|
| Name on receipt / invoice | ||
| Name on signage or vehicle | ||
| Exact registered legal name | ⭐ Secretary of State entity search | |
| Entity type (sole prop / LLC / corp / partnership) | ||
| Entity status (active / dissolved / suspended) | ||
| Registered agent name and address | ||
| Assumed or fictitious name registration | ||
| Individual(s) behind the business | ||
| Principal place of business | ||
| Real property owned (county, parcel) | County recorder | |
| Employer, if an individual | ||
| Known bank(s) | Canceled checks | |
| Prior judgments against them | Court index search | |
| Jurisdictional limit in this court | $ | Court website |
| My computed damages | $ | Damages sheet |
| Waive the excess? | ☐ Yes ☐ No | |
| Limitations period for this claim type | ⚠ Differs by claim | |
| Arbitration clause? | ☐ Yes ☐ No | Contract |
| Small claims carve-out in the clause? | ☐ Yes ☐ No | Contract |
| Opt-out window still open? | ☐ Yes ☐ No | Contract |
| Collectibility assessment | ☐ Good ☐ Marginal ☐ Judgment-proof |
⭐ If the "exact registered legal name" row is blank, stop and fill it in. Everything downstream depends on it.
Tool 2 — The demand letter
[Date] To: [Exact legal name], [Registered agent or address] Re: Demand for payment — [transaction], [date]
On [date] we agreed that you would [obligation] for $[amount]. I paid $[amount] on [date] and $[amount] on [date]. Copies of the agreement and my payments are enclosed.
[What happened, in two or three sentences, with dates.] Since [date] you have not [responded / completed the work / returned the property / refunded the payment].
I obtained three written estimates to [complete / repair], ranging from $[low] to $[high]; copies are enclosed. My damages are $[amount], computed as follows:
Item Amount Total paid $______ Less value of work performed ($______) Cost to complete (lowest estimate) $______ Total $______ Please pay $[amount] within 14 days, by [method], to [address]. If payment is not received by [date], I will file suit in [county] small claims court and will seek my filing and service costs in addition to the amount above.
[Name · Address · Phone · Email]
☐ Flat tone. No insults. No threats beyond what you will actually do. ☐ Attach the key documents. ☐ Send with proof of delivery and keep the receipt. ⭐ It becomes an exhibit. ☐ Honor the deadline you set.
Tool 3 — Service decision table
⭐ The constitutional standard is notice reasonably calculated to apprise the defendant and afford an opportunity to object — Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306; see also Milliken v. Meyer, 311 U.S. 457, and, for mechanics, Rule 4.
| Method | Cost | Speed | Risk | Use when |
|---|---|---|---|---|
| Sheriff / marshal | $ | Slow | ⭐ Low | Default choice |
| Licensed process server | $$ | Fast | ⭐ Low | Time pressure; evasive defendant |
| Registered agent (via server) | $$ | Fast | ⭐ Low | Any entity defendant |
| Certified mail, restricted delivery | $ | Medium | ⚠ High — refusal defeats it | Cooperative defendant only |
| Personal service by a non-party adult | Free | Varies | Medium | Known, reachable defendant |
| Substituted service | $$ | Medium | ⚠ Strict requirements | After failed attempts |
| Publication | $$$ | Slow | ⚠ Last resort | Truly unlocatable, with a court order |
☐ File the proof of service. ⚠ An unfiled return is treated as no service in many courts. ☐ Calendar the service deadline. ☐ When in doubt, re-serve. ☐ ⚠ If the defendant may be on active duty, an affidavit of military status is required before any default.
Tool 4 — Exhibit index and damages sheet
Exhibit index:
Ex. Date Description Proves 1 The agreement and price 2 Payment 3 The breach 4 Condition / damage 5 Cost to repair or complete 6 Mitigation 7 Entity registration printout Correct defendant 8 Demand letter and delivery receipt Notice
Damages sheet:
# Item Amount Ex. 1 Amount paid $______ 2 Less value received (conceded) ($______) 3 Cost to complete or repair $______ 4 Mitigation expenses $______ 5 Interest, if contractual or statutory $______ 6 Damages $______ 7 Filing fee $______ 8 Service fee $______ 9 Total requested $______
⭐ Line 2 is deliberate. Conceding the offset yourself buys credibility on every other line.
Tool 5 — The two-minute hearing script
"Your Honor, this is a [breach of contract / negligence / conversion] claim.
The agreement. On [date] I hired the defendant to [obligation] for $[amount]. That's Exhibit 1, signed by both of us.
The payment. I paid $[amount] on [date] — Exhibit 2 — and $[amount] on [date] — Exhibit 3.
The breach. [What happened, with dates.] Exhibit 4 is the complete message thread from [date] to [date].
The condition. Exhibit 5 is photographs taken [date].
The number. I obtained three estimates to complete the work: $[a], $[b], and $[c] — Exhibits 6, 7, and 8. I'm claiming the lowest, $[a], less $[offset] for the work actually performed. That's $[net].
The defendant. Exhibit 9 is the state business registration showing the defendant's exact legal name.
I'm asking for $[net] plus my $[filing] filing fee and $[service] service fee. May I hand up a one-page damages summary?"
⚠ Then stop. The most common self-inflicted wound is continuing after you have finished.
Tool 6 — Defendant's answer and counterclaim outline
☐ Appearance. ⚠ Preserve any service objection before arguing the merits. ☐ Party challenge. Wrong entity; dissolved entity; no privity; wrong owner. ☐ Denials. Respond to each factual allegation. ☐ Attack the obligation. No agreement on those terms; modification; written scope excluding the item; limitation of liability; disclaimer. ☐ ⭐ Attack the number. Upgrades in the estimate; value already received; failure to mitigate; depreciation; double counting. Bring a competing estimate. ☐ Affirmative defenses.
- Statute of limitations — ⚠ check written, oral, and open account periods separately
- Payment
- Release or settlement
- ⭐ Accord and satisfaction — a check cashed marked "payment in full"
- Failure of a condition precedent
- Waiver; estoppel
- Discharge in bankruptcy; exemptions under 11 U.S.C. § 522
- Improper venue — for a collector suing a consumer, 15 U.S.C. § 1692i ☐ Counterclaim, if any, filed by the court's deadline. ⚠ If it exceeds the limit, the case may transfer. ☐ Exhibits, index, timeline, and a damages rebuttal sheet — the four boxes apply to the defense too.
Tool 7 — Motion to vacate a default judgment
☐ Identify the judgment: court, case number, date, amount, and current enforcement. ☐ State the ground.
- ⭐ No valid service. A judgment entered without constitutionally adequate notice is void — Peralta v. Heights Medical Center, 485 U.S. 80, applying Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306.
- Mistake, inadvertence, surprise, or excusable neglect — compare Rule 60; entry of default is governed by Rule 55.
- ⚠ Military service at the time of entry, where the required affidavit was missing or false. ☐ Attach the return of service and explain the defect: wrong address; wrong person; unauthorized recipient; refused mail treated as delivery. ☐ State the meritorious defense with specifics — ⭐ not required where the defect is constitutional, but include it anyway. ☐ Establish timeliness under the applicable rule. ☐ Request: vacatur; quashing of any garnishment or levy; return of funds collected; leave to answer.
Tool 8 — Settlement stipulation
⭐ A hallway settlement that is not entered by the court requires a whole new lawsuit to enforce. This one does not.
Stipulation for Entry of Judgment and Payment Plan
Plaintiff [Name] and Defendant [Exact legal name] stipulate as follows:
1. Judgment shall be entered in favor of Plaintiff and against Defendant in the amount of $[total], consisting of $[damages] in damages and $[costs] in costs.
2. ⭐ Enforcement of the judgment shall be stayed so long as Defendant pays $[amount] on or before the [___] day of each month, beginning [date], until paid in full, delivered to [address or method].
3. If Defendant makes all payments timely, Plaintiff shall accept $[reduced amount] in full satisfaction and shall file a satisfaction of judgment within [10] days of the final payment.
4. ⚠ If any payment is more than [10] days late, the stay terminates automatically and Plaintiff may enforce the full judgment of $[total], less payments received, without further notice.
5. Defendant's current address, employer, and bank are: [____]. Defendant shall notify Plaintiff in writing within 10 days of any change.
6. This stipulation resolves all claims and counterclaims between the parties arising from [transaction].
Dated: ______ · Plaintiff: ______ · Defendant: ______
IT IS SO ORDERED. Judge: ______
⭐ Paragraph 3 — the discount for performance — is what makes debtors actually pay. Paragraph 4 is what makes it safe for the creditor. Paragraph 5 is what makes collection possible if it fails.
Tool 9 — Judgment debtor examination question set
Identity and employment ☐ Full legal name; any other names used; date of birth; current address; how long there ☐ Employer name and address; position; pay rate; pay frequency; next payday ☐ Any second job, self-employment, or contract work
Accounts ☐ Every bank, credit union, and brokerage; branch; account numbers; current balances ☐ Any account held jointly, and with whom ☐ Prepaid cards, payment apps, and digital wallets ☐ Safe deposit boxes
Property ☐ Real property owned or co-owned; county; parcel; mortgages and liens ☐ Vehicles; year, make, model; title holder; liens ☐ Business interests — LLC membership, partnership, shares ☐ Equipment, inventory, tools ☐ Life insurance with cash value; retirement accounts
Income and receivables ☐ Rents, commissions, royalties, distributions ☐ Money owed to you by anyone ☐ Anticipated tax refunds, settlements, or inheritances
Transfers ☐ ⚠ Any property transferred in the last [state period] — to whom, when, and for what consideration
Documents to require in the order ☐ Last two years of tax returns · ☐ Last three months of bank statements · ☐ Last three pay stubs · ☐ Vehicle titles · ☐ Deeds
⭐ Failure to appear is punishable as contempt. The prospect of this hearing produces more payments than any other single step. Judgment enforcement follows state procedure even in federal court — Rule 69.
Tool 10 — Collection sequence
| Step | Action | Filed with | Watch for |
|---|---|---|---|
| 1 | Certified copy of judgment | Clerk | Exact debtor name |
| 2 | Abstract of judgment recorded | County recorder, each county | Priority date |
| 3 | Debtor examination | Clerk, then served | ⭐ Contempt leverage |
| 4 | Writ of execution | Clerk | Interest and costs computed |
| 5 | Wage garnishment | Clerk, then employer | ⚠ 15 U.S.C. § 1673 cap |
| 6 | Bank levy | Clerk, then officer, then bank | ⚠ 42 U.S.C. § 407; 31 C.F.R. part 212 |
| 7 | Till tap or keeper | Clerk, then officer | Cash businesses |
| 8 | Assignment order | Court motion | ⭐ Rents, commissions, royalties |
| 9 | Charging order | Court motion | LLC / partnership interests |
| 10 | Interstate registration | Second state's clerk | 28 U.S.C. § 1738 |
| 11 | Renewal | Clerk, before expiration | ⚠ Calendar it |
| 12 | Satisfaction of judgment | Clerk and recorder | ⚠ Creditor liability if omitted |
⚠ Stop everything if the debtor files bankruptcy. The automatic stay is immediate, and violating it invites sanctions. ⚠ Stop and reassess if the debtor is a servicemember.
Tool 11 — Debtor's exemption claim
Claim of Exemption — Case No. [____] · Levy or garnishment served [date]
I claim the following exemptions in the funds or property levied:
☐ Earnings. 15 U.S.C. § 1673 limits garnishment to the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed thirty times the federal minimum hourly wage. [State] law limits it further to []. My weekly disposable earnings are $[].
☐ Social Security / SSI. 42 U.S.C. § 407 exempts these benefits from execution, levy, attachment, and garnishment. Under 31 C.F.R. part 212, the bank was required to protect two months of directly deposited federal benefits. The account levied receives direct deposits of $[____] monthly.
☐ Veterans benefits. 38 U.S.C. § 5301.
☐ State exemptions: homestead $[]; motor vehicle $[]; tools of trade $[]; household goods $[]; retirement accounts [____]. [State citations.]
☐ Necessary support. I support [] dependents. My monthly income is $[] and my necessary monthly expenses are $[____], itemized on the attached schedule.
I request a hearing and release of the exempt funds.
☐ ⚠ File within the statutory window — frequently only days. ☐ ⭐ Keep exempt benefits in a separate account. Commingling makes the protection far harder to establish. ☐ Attach proof: award letters, pay stubs, bank statements showing the deposit source.
Tool 12 — Renewal and satisfaction tracker
| Item | Date | Done |
|---|---|---|
| Judgment entered | ☐ | |
| Appeal / trial de novo deadline | ☐ | |
| Statutory interest rate | ____% | ☐ |
| Abstract recorded — county 1 | ☐ | |
| Abstract recorded — county 2 | ☐ | |
| Debtor examination held | ☐ | |
| First garnishment served | ☐ | |
| Payments received to date | $ | ☐ |
| Balance with interest | $ | ☐ |
| Judgment expiration date | ☐ | |
| ⭐ Renewal filed by | ☐ | |
| Satisfaction filed with clerk | ☐ | |
| Satisfaction filed with recorder | ☐ |
⚠ The renewal row is the one that gets missed, and a lapsed judgment is very hard to revive.
Tool 13 — Fee waiver request
I request a waiver of court fees and costs, including filing and service fees.
☐ I receive [public benefit program], as shown by the attached award letter. ☐ My household income is $[] per month for a household of [], which is below []% of the federal poverty guidelines. ☐ My monthly income is $[] and my necessary monthly expenses are $[___], itemized on the attached schedule.
⭐ The waiver typically covers service fees as well, which are often larger than the filing fee. Boddie v. Connecticut, 401 U.S. 371, and Griffin v. Illinois, 351 U.S. 12, are why this exists. Ask the clerk for the form — it is routinely granted and almost nobody asks.
Tool 14 — Authority reference
| Subject | Authority |
|---|---|
| Notice standard for service | Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 |
| Jurisdiction over domiciliaries; reasonable notice | Milliken v. Meyer, 311 U.S. 457 |
| Judgment without adequate notice is void | Peralta v. Heights Medical Center, 485 U.S. 80 |
| Service mechanics (federal analogue) | Rule 4 |
| Default and entry of default | Rule 55 |
| Relief from judgment | Rule 60 |
| Judgment enforcement follows state procedure | Rule 69 |
| Prejudgment wage garnishment | Sniadach v. Family Finance Corp., 395 U.S. 337 |
| Prejudgment replevin | Fuentes v. Shevin, 407 U.S. 67 |
| Sequestration with safeguards upheld | Mitchell v. W.T. Grant Co., 416 U.S. 600 |
| Garnishment without safeguards struck | North Georgia Finishing, Inc. v. Di-Chem, Inc., 419 U.S. 601 |
| Prejudgment attachment of realty | Connecticut v. Doehr, 501 U.S. 1 |
| Full faith and credit for judgments | 28 U.S.C. § 1738; Baker v. General Motors Corp., 522 U.S. 222; Underwriters National Assurance Co., 455 U.S. 691 |
| Wage garnishment cap | 15 U.S.C. § 1673 |
| Social Security exemption | 42 U.S.C. § 407; 31 C.F.R. part 212 |
| Veterans benefits exemption | 38 U.S.C. § 5301 |
| Bankruptcy exemptions | 11 U.S.C. § 522 |
| Collector venue restriction | 15 U.S.C. § 1692i |
| Access to courts; fee waivers | Boddie v. Connecticut, 401 U.S. 371; Griffin v. Illinois, 351 U.S. 12 |
| Safeguards without appointed counsel | Turner v. Rogers, 564 U.S. 431 |
| Arbitration clauses | AT&T Mobility LLC v. Concepcion, 563 U.S. 333; Epic Systems Corp. v. Lewis, 584 U.S. 497 |
| Diversity jurisdiction | 28 U.S.C. § 1332 |
| Removal | 28 U.S.C. § 1441 |