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Defending A Small Claims Case
Sherrie BennettYou've been sued in small claims court and are now wondering what to do next. Here's a list of things to consider as your hearing date gets closer.
Were you properly served with the paperwork that kicks off the case? Check with the clerk of the small claims court to find out about the proper service procedures. Did the person suing you bring the claim in the right court? Check with the clerk of the court for details. If the case wasn't filed properly, you can ask the court to have the case transferred to the proper court. If you believe that the person suing you actually owes you money, file what's called a "counterclaim" against them, describing the reasons why you think you're owed money. Usually, counterclaims must be filed with the court and served on the person suing you. Check your insurance policies (such as your homeowners and auto insurance) to see if your insurance company can defend you. Is someone other than yourself or the person suing you responsible for the damages? Consider bringing a "third-party complaint" against them.
Think about calling or writing the person suing you and making an offer to settle the case before the hearing. Consider meeting with the person suing you at what's called a "mediation", where an objective third party listens to both your viewpoints and tries to negotiate a settlement. You have nothing to lose but the pain of going to court. Make sure you file a written response with the court and the person suing you within the required time limits. Unless you have absolutely no defense at all, don't just not show up at the hearing. If you don't show, the judge will probably give the person suing you everything they've asked for. If you know you owe the money, talk to the judge about your reasons for not being able to pay it right away, and see if you can arrange payments on a weekly or monthly basis. When you don't think you should owe the person suing you anything, carefully consider the "holes" in their case and get yourself prepared to do battle in court.
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