How to Complete the Statement of Small Claim and Notice of Trial Form


1. What Is the Statement of Small Claim and Notice of Trial Form?

The Statement of Small Claim and Notice of Trial form is a legal document used to:

  1. File a small claims case by outlining the nature of the dispute and the amount claimed.
  2. Notify both parties of the trial date, time, and location.

This form is central to initiating a small claims case and ensuring all parties are prepared for trial.


2. Purpose of the Statement of Small Claim and Notice of Trial Form

The form serves two main purposes:

  • Filing the Complaint: It allows the plaintiff to state their case, including the reason for the claim and the amount of money sought.
  • Providing Notice: It informs the defendant and plaintiff of the trial details, ensuring both parties are aware of when and where to appear.

3. Where to Obtain the Form

The form can typically be obtained from:

  • Your local small claims court website.
  • The court clerk’s office.
  • State or county-specific small claims resources.

4. Information Required on the Form

1. Plaintiff’s Information

  • Name, address, and contact details.
  • Identification of the person or business filing the claim.

2. Defendant’s Information

  • Full name and address of the individual or business being sued.
  • Use the legal name for businesses (check your state’s business registry if unsure).

3. Description of the Claim

  • Clear explanation of why the defendant owes money or damages.
  • Dates, events, and key facts supporting the claim.

4. Amount Claimed

  • The total monetary amount sought, including any interest or court costs if applicable.

5. Trial Information

  • Date, time, and location of the trial (provided by the court upon filing).

5. How to Complete the Statement of Small Claim and Notice of Trial Form

Step 1: Obtain the Form

Download or request the form from your local small claims court.

Step 2: Fill Out Plaintiff and Defendant Information

  • Provide accurate and complete details for all parties involved.

Step 3: Describe the Claim

  • Clearly and concisely explain why the defendant owes you money or compensation. Include key dates and facts.

Step 4: State the Amount Claimed

  • Write the exact amount of money you are seeking, including any applicable interest or court costs.

Step 5: Review Trial Details

  • Ensure the trial date, time, and location are correctly noted. These details will be provided by the court when you file the form.

Step 6: Sign and File the Form

  • Sign the form and submit it to the court clerk along with the required filing fee.

6. Costs of Filing the Form

Claim AmountFiling Fee
Up to $1,000$15–$50
$1,001–$5,000$50–$100
$5,001–$10,000$75–$300

Additional Costs: Service fees for notifying the defendant (e.g., certified mail or process server).


7. Serving the Defendant

After filing the form, you must notify the defendant by serving them with a copy. Accepted methods include:

  • Certified Mail (arranged by the court).
  • Personal Service (via sheriff or process server).

8. Preparing for Trial

1. Organize Evidence

  • Bring receipts, contracts, photos, and other documents to support your claim.

2. Prepare Your Argument

  • Practice a concise explanation of your case, focusing on key facts.

3. Be Punctual and Professional

  • Arrive on time and address the court respectfully.

Frequently Asked Questions (FAQs)

1. Can I file the Statement of Small Claim and Notice of Trial form online?
Some courts offer online filing options. Check your local court’s website for availability.

2. What happens if the defendant doesn’t show up for the trial?
The court may issue a default judgment in your favor.

3. Can I amend the form after filing?
Yes, but you may need the court’s permission. Amendments must be filed before the trial date.

4. Do I need a lawyer to file the form?
No, small claims court is designed for self-representation, though you can consult a lawyer for advice.

5. How do I find the trial details if they’re not on the form?
The court will notify you of the trial date, time, and location after the form is filed.


Conclusion

The Statement of Small Claim and Notice of Trial form is essential for initiating a small claims case and ensuring all parties are notified of the trial details. By completing the form accurately and providing clear evidence to support your claim, you can effectively present your case in court. For further assistance, contact your local small claims court or visit their website.


Leave a Reply

Your email address will not be published. Required fields are marked *