1. What Is a Statement of Claim in Small Claims Court?
A statement of claim is a legal document filed by the plaintiff to formally initiate a lawsuit in small claims court. It outlines the details of the claim, including the amount being sought and the reasons for the lawsuit. This document notifies the defendant of the legal action and sets the foundation for the case.
2. Purpose of a Statement of Claim
- Notify the Defendant: Officially inform the defendant about the legal action and the reason behind it.
- Establish the Plaintiff’s Case: Clearly state the dispute and the amount of compensation sought.
- Initiate Court Proceedings: Filing the statement of claim formally begins the small claims court process.
3. Key Components of a Statement of Claim
A statement of claim typically includes:
1. Plaintiff’s Information
- Full name, address, and contact details of the person or business filing the claim.
2. Defendant’s Information
- Full name and address of the person or business being sued.
3. Claim Details
- A brief description of the dispute, including dates and facts.
- The monetary amount being claimed, along with any supporting calculations.
4. Supporting Evidence
- Attachments such as contracts, receipts, invoices, photos, or correspondence related to the dispute.
5. Court Details
- The name and location of the small claims court where the case is being filed.
4. Steps to File a Statement of Claim
Step 1: Obtain the Form
- Visit your local small claims court or download the statement of claim form from the court’s website.
Step 2: Complete the Form
- Provide accurate and detailed information about the dispute and the parties involved.
Step 3: File the Statement of Claim
- Submit the completed form to the small claims court clerk.
- Pay the filing fee, which varies depending on the jurisdiction and claim amount.
Step 4: Serve the Defendant
- Notify the defendant by delivering a copy of the filed statement of claim using:
- Certified Mail.
- Personal Service through a sheriff or process server.
5. Costs of Filing a Statement of Claim
| Claim Amount | Filing Fee |
|---|---|
| Up to $1,000 | $15–$50 |
| $1,001–$5,000 | $50–$100 |
| $5,001 and above | $100–$300 |
Additional service fees for notifying the defendant range from $10 to $150, depending on the method.
6. Tips for Writing a Strong Statement of Claim
- Be Clear and Concise: Use straightforward language to describe the dispute.
- Provide Evidence: Attach copies of all relevant documents to support your claim.
- Double-Check Details: Ensure names, addresses, and amounts are accurate.
- Focus on Facts: Stick to factual information and avoid emotional language.
- Follow Deadlines: File your claim within the statute of limitations for your case type.
7. Frequently Asked Questions (FAQs)
1. Can I file a statement of claim online?
Some jurisdictions allow online filing. Check with your local small claims court for availability.
2. Do I need a lawyer to file a statement of claim?
No, small claims court is designed for self-representation. However, you can consult a lawyer for advice if needed.
3. What happens if I make an error on the statement of claim?
You may need to file an amended claim, which may incur additional fees.
4. What if I cannot locate the defendant?
The court may permit alternate service methods, such as public notices or mailing to a last known address.
5. How long does it take for the case to proceed after filing?
Most small claims cases are scheduled within 1–3 months of filing.
6. Can the defendant counterclaim against me?
Yes, the defendant may file a counterclaim, and the court will address both claims during the hearing.
Conclusion
Filing a statement of claim in small claims court is the first step to resolving a legal dispute efficiently. By providing accurate information, supporting evidence, and adhering to court procedures, you can set a solid foundation for your case. Contact your local small claims court for specific filing instructions and assistance.