1. What Is a Statement of Claim?
A Statement of Claim is the official document filed by a plaintiff to initiate a case in Small Claims Court. It outlines the details of the dispute, the amount being claimed, and the reasons behind the claim. A well-drafted Statement of Claim is clear, concise, and supported by evidence.
2. Key Components of a Statement of Claim
- Plaintiff’s Information: Your name, address, and contact information.
- Defendant’s Information: Name, address, and business details (if applicable).
- Claim Details: Explanation of the dispute, including:
- What happened.
- When and where it occurred.
- Why you are filing the claim.
- Amount Claimed: Include the total amount sought, such as damages, unpaid debts, and additional costs (e.g., court fees, interest).
- Supporting Evidence: Reference key documents, photos, or communications.
3. Sample Statement of Claim
[Court Name]
Small Claims Court
File Number: [Leave blank for court to fill in]
Plaintiff(s):
Name: John Doe
Address: 123 Main Street, Springfield, IL 62704
Phone: (555) 123-4567
Defendant(s):
Name: Jane Smith
Address: 456 Elm Street, Springfield, IL 62705
Statement of Claim
- Nature of the Claim:
I, John Doe (the plaintiff), am filing this claim against Jane Smith (the defendant) for the unpaid amount of $5,000, stemming from a personal loan that has not been repaid despite repeated requests. - Description of the Dispute:
- On January 15, 2023, I lent $5,000 to the defendant under a verbal agreement, with the understanding that the full amount would be repaid by March 15, 2023.
- As of today’s date, the defendant has failed to make any repayments.
- I have made multiple attempts to resolve this issue amicably, including sending a demand letter on April 1, 2023, but the defendant has not responded.
- Amount Claimed:
I am seeking the following amounts:- Principal amount: $5,000
- Court filing fees: $102
- Total: $5,102
- Supporting Evidence:
I will provide the following documents during the hearing:- Bank statement showing the transfer of $5,000 to the defendant.
- Copy of the demand letter sent to the defendant on April 1, 2023.
Relief Sought:
I respectfully request the court to issue a judgment in my favor, ordering the defendant to pay the total amount of $5,102.
Date: [Insert date]
Signature: ________________________
John Doe
4. Tips for Drafting Your Statement of Claim
- Be Clear and Concise: Use simple language to describe the dispute.
- Stick to the Facts: Avoid unnecessary details or emotional language.
- Provide Evidence: List key documents or proof that supports your claim.
- Calculate the Amount Precisely: Include only legitimate amounts owed, such as unpaid debts, interest, or damages.
- Review Before Filing: Double-check for errors or omissions before submitting.
5. Frequently Asked Questions
Q1: Do I need a lawyer to draft my Statement of Claim?
No, Small Claims Court is designed for self-representation, but you can consult a lawyer for advice if needed.
Q2: Can I amend my Statement of Claim?
Yes, you can file an amended claim if new information arises, but you may need court approval and must re-serve the defendant.
Q3: What happens after I file the Statement of Claim?
The court will notify the defendant, and you will be assigned a hearing date.
Q4: Can I include interest and court fees in my claim?
Yes, most courts allow you to add reasonable interest and filing fees to your claim amount.
Q5: What if the defendant disputes the claim?
The case will proceed to a hearing, where both parties can present evidence and arguments.
6. Conclusion
A well-prepared Statement of Claim is the foundation of a successful case in Small Claims Court. Use the sample above as a template, customize it to your situation, and ensure all required information is included. By presenting a clear and concise claim, you improve your chances of a favorable resolution.