What to Do If You’re Sued in Small Claims Court

When you think about the court system and lawsuits you might think about huge, big-money lawsuits that go on for years, or splashy legal conundrums played out on your favorite lawyer-themed TV show. But millions of lawsuits every year don’t reach those dramatic heights—they’re filed in small claims court, where the monetary damages are low and you don’t even necessarily need a lawyer.

It’s very possible you could find yourself in small claims court someday. If a contractor thinks you owe them money, or a neighbor claims something you did caused them harm, it’s pretty easy for them to pay a small fee—often less than $100—and drag your ass into court. If that happens, you should take it seriously; it might be tempting to think of something like Judge Judy when you think of small claims court, but the consequences of not taking it seriously are very real. If you’re being sued in small claims, here’s what you need to do.

Negotiate or mediate

Your first step is to try to avoid the trouble in the first place. If there’s been a misunderstanding or you think there’s negotiating room, there’s no reason not to reach out to the person suing you and try to work things out between you. There’s no prohibition against trying to work things out prior to your court date.

If that doesn’t work, you can suggest mediation, which brings in a trained, objective third party to try to work out a settlement. Again, there’s no rule against this—in fact, many small claims courts require this step before your court appearance, and many that don’t require it offer assistance identifying and engaging a mediator, so it’s worth reaching out to the small claims court clerk.

Show up

If you can’t negotiate directly, you should prepare to show up to court. Even if you don’t care about losing, you shouldn’t ignore a court date. Even if you need to postpone the hearing for some reason, you’ll need to show up for your court date to ask for that postponement. The basic rule is, unless the judge has explicitly told you otherwise, you need to show up for your court date.

If you don’t, there are two bad consequences:

• Default. The most likely result if you don’t show up for your small claims court date is that the judge will almost certainly find in favor of the plaintiff by default, and will almost certainly grant them whatever they asked for. Any chance you might have had to whittle down the amount of the judgment by giving your side of things is gone.

• Loss of appeal. You can appeal a small claims decision just like any court decision—unless you fail to show up and a default judgment is rendered. Preserving the right of appeal may not seem too important if you’re battling over a small amount of money, but why give away leverage?

Abdicating any possibility of affecting the outcome in your favor is just a self-own.

Be prepared

Once you’ve made plans to attend your court date, it’s time to prepare. Sure, these are “small” claims, but that doesn’t mean this can’t cost you—the value of those claims ranges from state to state, with Kentucky at the low end ($2,500 maximum) and Delaware and Tennessee at the high end ($25,000). Good for you if losing $25,000 by default is no big deal, but for most people the opportunity to at least get the amount reduced is well worth some effort.

• Seek advice. You don’t need a lawyer in small claims court (and in many jurisdictions you can’t have a lawyer represent you in small claims court), but you should review all the documents sent to you to make sure you understand what you’re being sued over and what the plaintiff wants. If you don’t understand, there’s no rule against hiring a lawyer to advise you.

• Gather evidence. If the plaintiff has facts wrong, bring documentation to prove it. If you’re arguing mitigating circumstances, be prepared to explain to the judge why you believe the amount demanded is too high, or why you’re not the person who should be held responsible. You’ll be speaking directly to the judge, so you’ll want to be ready to speak clearly and concisely. If you have witnesses—and yes, you can call witnesses in small claims court—make sure they arrive on time or provide a signed, written statement that you can submit.

• Pay attention. Finally, pay attention and do what the judge tells you to. Most small claims judges understand that you may not be familiar with the procedure; as long as you’re respectful and make an effort they’ll tell you what to do.

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