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