How to Sue in Small Claims Court: Keys to Success. Here are a few things to consider before you start a lawsuit in Small Claims Court.

Know the person who you need to sue.

A Small Claims Court plaintiff (the person suing) must know how to sue in Small Claims Court and the answers to the following questions:

1. Is the defendant a corporation, partnership or individual? Check the legal contracts and written communication with the defendant. Search government registers to find out.
2. If a prospective Small Claims Court defendant is a corporation or business partnership, does it still exist, or the owners dissolved it? Check the respective government register.
3. What is the exact name of the defendant? It is equally important for corporations and other forms of businesses and individual defendants. Even if you win, one wrong letter in the spelling of the name can cause significant difficulties when you try to collect on the judgment.
   

   Know how the amount of your Small Claims Court matter is calculated.

• You need to tell the judge what amount you want her/him to give you.
• You should be able to explain how you have calculated this amount.
• The judge will always ask you why you are claiming a certain amount. Also, she or he will ask you how you came to this amount. It will happen even in cases where damages might not seem quantifiable.
• For example, what amount you claim when someone has used your photograph for online advertising with no permission. Equally, what amount you claim for physical harm to your body?
• Arriving at a reasonable amount of damages may require researching how much money judges awarded to plaintiffs in similar circumstances.

Know your evidence and have it ready.

1. It is important to bring to the attention of the judge all important facts. This may be tricky. The kind of evidence you’d need really depends on the circumstances of each Small Claims Court case. For example, evidence of previous loans may or may not be relevant in a Small Claims Court case about a personal loan.
2. Your evidence needs to be as persuasive as possible. Where the records of things should be available, you will be asked for them. For example, it’s never enough to tell a Small Claims Court judge that you have spent a certain amount of money to repair your house. You need to have evidence to prove the existence of damages to the house. It may be as an engineer’s or other qualified inspector’s report. Also, you will need to show a document proving the amount required to repair them.  That may be an estimate from another qualified contractor.

Know the legal grounds for your Small Claims Court case and the court’s procedural rules.

• Plaintiff and defendant alike must present a Basic legal concept supporting the plaintiff’s claim or defence. It is a requirement even in simple Small Claims Court cases. Even if the judge does ask you about the specific section of some statute, you may well be asked why you believe that the court should or should not grant the amount claimed.
• In some cases, the plaintiff and defendant agree on all facts of the case, but they disagree on interpreting them. For example, you and the defendant may agree on what the defendant did. However, you disagree about whether this action is actually a breach of contract. Legal issues are central in such matters. If this is the case, a Small Claims Court paralegal can be helpful.
• All in all, there are two main reasons why a Small Claims Court judge can deny the plaintiff’s claim:

1. 1. The plaintiff’s evidence does not support the facts of her/his claim.
   2. The Legal grounds of the plaintiff’s claim are not sufficient.

Listing an improper defendant, claiming an inadequate amount, lack of evidence and/or legal grounds for the plaintiff’s claim are the most important points of any defence in the Small Claims Court. Pre-empt them and be prepared.

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Contact a Small Claims paralegal for a free assessment of your case today.