Filing a Claim in Small Claims Court

Who Can File a Claim

A party who sues another party is called the plaintiff. The party being sued is called the defendant. There can be more than one plaintiff or defendant in the same action. An example would be when a husband and wife sue another husband and wife.

The plaintiff can be:

  • A individual, corporation, partnership or sole proprietor who has knowledge or information about all of the facts in the matter.

You must be 18 years of age or older to file a claim.

How to File a Small Claims Lawsuit

To file a small claims lawsuit you must complete the following:

  •  Download the Small Claims (DC84)  form. You must completely fill out the entire form (all 4 parts).
    • Copies of this form may be picked-up at the District Court or mailed to you ($1 per form).  A self-addressed stamped envelope must be received for mailing.
  • Have your signature notarized. The District Court can notarize completed forms.
  • You must also pay the appropriate filing fee  which is determined by the amount of the claim you are seeking.
    • When filing by mail, send a check or money order made payable to 56A District Court.
    • Mailing fees are subject to change due to postal increases.
    • Include a self-addressed stamped envelope to return your copy.

Required Information When Filing

  • Amount of claim you are seeking and pertinent dates
  • A concise statement as to the nature of the claim
  • Defendant's current address
    • Route or post office box numbers are not sufficient if you wish to have a process server make personal service. If you provide an incorrect address and the process server attempts service, he/she is allowed by law to charge you $10 for his/her time.
  • Defendant's full and correct name

Documents to Prepare

At the time of the hearing, have copies of all papers to support your claims with you, such as:

  • Accident reports
  • Bills of sale
  • Guarantees
  • Leases
  • Photos
  • Promissory notes
  • Receipts
  • Repair estimates