What is a Statement of Claim in Small Claims Court?
A Statement of Claim is the key document filed by the plaintiff (the person bringing the case) to start a lawsuit in small claims court. It sets out the reason for the claim, the amount being sought, and the factual background of the dispute.
This document serves as the foundation of your case, helping the court and the defendant understand what happened, why the defendant is allegedly responsible, and what resolution you’re seeking.
Purpose of a Statement of Claim
A well-drafted statement of claim serves three main purposes:
- Inform the Court: It provides a clear and concise summary of your case and helps the judge understand the nature of your dispute.
- Notify the Defendant: It formally tells the defendant why they are being sued and the amount being claimed.
- Establish the Case: It forms the legal and factual basis for your arguments during the hearing.
Key Components of a Statement of Claim
When drafting your statement, include all relevant details without unnecessary length. It should typically include the following sections:
1. Plaintiff Information
Include your full name, address, and contact details.
2. Defendant Information
List the name and address of the person, company, or organization you are suing.
3. Statement of Facts
Provide a brief and chronological summary of the events that led to the dispute. Include dates, agreements, and actions taken by both parties.
4. Claim Amount
Specify the exact monetary amount you are seeking, including any additional recoverable costs (e.g., court filing fees, interest).
5. Legal Basis
State why the defendant is legally responsible, such as a breach of contract, unpaid debt, or property damage.
6. Supporting Evidence
Reference any documents or materials that support your claim (e.g., contracts, receipts, photographs, or messages).
Example of a Statement of Claim
Below is a model statement of claim for reference:
Plaintiff Information:
Name: John Doe
Address: 123 Main Street, Los Angeles, CA 90001
Contact: (555) 123-4567
Defendant Information:
Name: Jane Smith
Address: 456 Elm Street, Los Angeles, CA 90002
Statement of Facts:
On March 1, 2023, the plaintiff entered into a written agreement with the defendant to provide landscaping services at the defendant’s property located at 456 Elm Street, Los Angeles. The agreed price was $1,500, payable upon completion of the work.
The plaintiff completed the landscaping work on March 15, 2023, to the defendant’s satisfaction, as evidenced by the signed work completion form. Despite repeated reminders on March 20, April 1, and April 15, 2023, the defendant has failed to make payment as agreed.
Claim Amount:
The plaintiff claims $1,500 for unpaid services, plus a court filing fee of $50, for a total claim of $1,550.
Legal Basis:
The defendant has breached the contract by failing to pay for services rendered. The plaintiff is entitled to full payment under the terms of the agreement.
Supporting Evidence:
- Signed landscaping service agreement (March 1, 2023)
- Work completion form signed by the defendant (March 15, 2023)
- Copies of payment reminders sent to the defendant
Tips for Writing an Effective Statement of Claim
- Be Clear and Concise: Avoid unnecessary detail. Stick to the essential facts and amounts.
- Stay Professional: Use formal, factual language — avoid emotional or accusatory statements.
- Include Specific Dates and Figures: Precise details strengthen credibility.
- Attach or Reference Evidence: You can reference key documents, even if they are not filed at this stage.
- Proofread Before Filing: Errors or omissions can lead to delays or weaken your case.
- Check Jurisdiction and Limits: Ensure your claim falls within your local small claims court monetary limit (e.g., $10,000 in California).
Frequently Asked Questions (FAQs)
1. Do I need a lawyer to file a Statement of Claim?
No. Small claims courts are designed for individuals to represent themselves, but you can seek legal advice for clarity.
2. Can I change my Statement of Claim after filing?
Yes, in most jurisdictions you may amend it before the hearing, although you might need court approval.
3. How long should a Statement of Claim be?
Typically one to two pages is sufficient. Focus on clarity and relevance.
4. Do I need to attach evidence with my Statement of Claim?
You usually do not attach evidence at the filing stage, but you must bring it to the hearing.
5. What happens if I omit key details?
Missing or unclear details can weaken your case or delay proceedings. Review your claim carefully before submission.
Conclusion: Drafting a Strong Statement of Claim
A well-prepared Statement of Claim clearly explains your dispute, outlines the evidence, and establishes a solid foundation for your case in small claims court. Use simple, factual language, include essential information, and support your claim with credible documentation.
By presenting a clear, concise, and evidence-based statement, you improve your chances of obtaining a fair and timely judgment.
For professional help drafting or reviewing your Statement of Claim,
contact Martin Taggart — your trusted UK and U.S. small claims adviser.