1. What Is a Small Claims Complaint Form?
A small claims complaint form is the official document used to file a lawsuit in small claims court. It serves as the plaintiff’s formal statement of the dispute, including the amount being claimed, the reason for the claim, and information about both parties involved.
2. Where to Obtain a Small Claims Complaint Form
You can get the small claims complaint form from:
- Your local court’s website or office.
- State-specific resources (e.g., SC-100 in California or DC-84 in Michigan).
- Online legal service providers.
3. Information Required for the Complaint Form
1. Plaintiff’s Information
- Full name, address, and contact information of the person or entity filing the claim.
2. Defendant’s Information
- Full name, address, and contact information of the person or business being sued.
- For businesses, ensure you use the correct legal name by checking your state’s business registry.
3. Claim Details
- Amount Claimed: The specific dollar amount you are seeking.
- Reason for the Claim: A concise explanation of why you are suing (e.g., “Failure to pay $1,200 for completed services on [date].”).
4. Incident Details
- Dates, locations, and key facts relevant to the case.
5. Supporting Evidence
- Reference any documents you will use to support your claim, such as contracts, invoices, or photos.
6. Court Information
- The name and address of the court where the complaint is being filed.
7. Declaration and Signature
- A sworn statement affirming the accuracy of the information provided.
4. Step-by-Step Guide to Completing the Form
Step 1: Download or Obtain the Form
- Visit the website of your local small claims court or pick up a copy in person.
Step 2: Fill in Plaintiff and Defendant Details
- Provide accurate and complete names, addresses, and contact information.
Step 3: State the Amount and Reason for the Claim
- Write the exact amount you are claiming, including any interest if applicable.
- Briefly explain the reason for the claim, keeping it clear and factual.
Step 4: Attach Supporting Documents
- While you don’t submit the actual evidence with the form, reference any key documents you plan to present in court.
Step 5: Sign the Form
- Read the declaration carefully and sign to affirm that your claim is true.
Step 6: File the Form
- Submit the completed form to the court clerk and pay the filing fee.
5. Costs of Filing a Small Claims Complaint
| Claim Amount | Filing Fee |
|---|---|
| Up to $1,000 | $15–$50 |
| $1,001–$10,000 | $50–$300 |
Additional Fees: If you need to serve the defendant, expect to pay $10–$100 for certified mail or a process server.
6. Serving the Defendant
Once the complaint form is filed, you must notify the defendant by serving them with a copy of the complaint. Accepted methods include:
- Certified Mail: Sent by the court or plaintiff.
- Sheriff or Process Server: For hand-delivery.
7. Tips for Filing a Successful Small Claims Complaint
- Be Accurate: Ensure all information is correct to avoid delays or dismissals.
- Include Relevant Details: Stick to the facts and avoid unnecessary explanations.
- Keep Copies: Retain a copy of the completed form and filing receipt for your records.
- Meet Deadlines: File your complaint within the statute of limitations for your claim type.
Frequently Asked Questions (FAQs)
1. Can I file a small claims complaint online?
Many courts offer online filing options. Check your local court’s website for availability.
2. Do I need to submit evidence with the complaint form?
No, evidence is usually presented at the hearing. However, reference it in your complaint.
3. Can I amend my small claims complaint?
Yes, most courts allow amendments before the hearing with court approval.
4. What happens if I don’t know the defendant’s address?
You must locate the defendant’s address to serve them. Use tools like public records or professional skip-tracing services.
5. What if the defendant doesn’t show up?
The court may issue a default judgment in your favor if the defendant fails to appear.
Conclusion
Filing a small claims complaint form is the first step to resolving your dispute in court. By providing accurate information, following court rules, and meeting filing deadlines, you can ensure your case proceeds smoothly. For further assistance, visit your local court’s website or consult the court clerk.
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