How to Create a Strong Small Claim Affidavit for Court

What is a Small Claim Affidavit?
A small claim affidavit is a formal written statement submitted by the plaintiff (person filing the case) in a small claims court. It outlines the nature of the dispute, the amount being claimed, and the supporting evidence. This document is critical for initiating a small claims case.

What to Include in a Small Claim Affidavit
Your affidavit should contain the following elements:

Plaintiff Information: Your name, address, and contact details.
Defendant Information: The name and address of the person or business being sued.
Statement of Claim: A clear explanation of the dispute, including dates, events, and specific amounts owed or damages claimed.
Legal Basis: A brief explanation of why the defendant is legally responsible.
Supporting Evidence: References to contracts, receipts, emails, photos, or other documents that support your case.
Claim Amount: The exact monetary amount you are requesting.

Table of Contents

Visit your local small claims court or its website to obtain the affidavit form (commonly included as part of the plaintiff’s claim form).

Submit the completed affidavit to the small claims court where you are filing your case.
Pay the applicable filing fee, which varies by jurisdiction and claim amount.

Provide the defendant with a copy of the affidavit and other court documents, using an approved service method such as certified mail or a process server.

Be Specific: Clearly state dates, amounts, and events to avoid ambiguity.
Stay Professional: Use factual language and avoid emotional arguments.
Attach Evidence: Include copies of contracts, receipts, and correspondence to strengthen your claim.
Double-Check Accuracy: Ensure all details, including names and addresses, are correct.

Filing the Initial Case: Most small claims courts require an affidavit as part of the filing process.
Counterclaims: Defendants may also need to file an affidavit if they are filing a counterclaim.

Court Review: The court reviews your affidavit and schedules a hearing.
Notification to Defendant: The defendant receives a copy of the affidavit and is given a deadline to respond.
Hearing: Both parties present their cases, with the affidavit serving as the foundation for your argument.

Can I write my own affidavit for small claims court?
Yes, but ensure it complies with your local court’s requirements and includes all necessary information.
Is there a fee to file a small claim affidavit?
Filing fees vary but are typically included in the overall small claims court filing fee.
Do I need a lawyer to draft my affidavit?
No, but consulting a lawyer can help ensure accuracy and effectiveness.
What happens if I make a mistake on my affidavit?
Minor mistakes may be corrected before the hearing. Significant errors could affect your case, so review carefully.
Can the defendant challenge the affidavit?
Yes, the defendant may file a response or counterclaim disputing your statements.
Is the affidavit considered evidence?
The affidavit is part of the court record but should be supported by additional evidence presented at the hearing.

Conclusion: Filing a Strong Small Claim Affidavit
A well-prepared small claim affidavit is essential for a successful case in small claims court. By including clear, factual details and supporting evidence, you can provide a strong foundation for your claim. Be sure to follow your local court’s rules and procedures to ensure your affidavit is accepted without issues.