Take Creditors and Collection Agents to Small Claims Court
The actual procedure / steps of filing the claim
• Go to your county courthouse and request the clerk to assist you. Ask him the
• Fill in the forms given by him.
• There will be a filing fees to be paid beforehand (usually between $10 and $50,
although it can vary).
• In some counties, they can ask for a judge’s signature in the form. In others, your
signature done in front of the clerk is enough.
• The processing time varies from court to court.
• You will be informed of the date of hearing on the same day or later on by mail. It
depends on the processing time taken by the court.
• You have to give a notice to the other party mentioning that you are filing a claim
against it. This should be done by you or by the court, depending upon the court
• Mention your name and address properly in the notice so that you get the
discovery notice sent by them.
What if they send you a discovery notice?
A discovery notice means that the other party has received your notice and wants some
information from you or has some questions to ask.
You must answer their questions and give them the required information. It is their legal
right to ask you any question. But if you think that any question is not related with the
case, you can ignore it.
Avoid mentioning any proof (for example, witnesses and/or documents) you have got, in
the discovery response.
The intention of the other party in sending you a discovery notice can be anything. It
could be that they actually want the information. Or else, they want to show you that they
are prepared, so that you step back from the case.
If you do not get the discovery notice
If they do not send you a discovery notice, there is a high possibility that they won’t be
participating in the trial. In that case you have a greater chance to win.
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