Small Claims Complaint Form
Автор: FCMC Small Claims
Загружено: 2016-09-27
Просмотров: 4661
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This video helps you complete the complaint form step-by-step.
You are the plaintiff you are filing the lawsuit. Write your first and last name.
Next, write your address. Include your street number, street name, city, state, and zip code.
Next, provide your telephone number if you have one.
If you and one or more people want to sue the same person or company, provide their names and addresses as well.
The person or company you sue is the Defendant. Provide the Defendant’s first and last name. More information about naming businesses is available on the small claims website.
Next, write the Defendant’s address. Include the street number, street name, city, state, and zip code.
Next, write the Defendant’s phone number, if you have it.
If you sue more than one person or company, provide their names and addresses.
Use an extra sheet of paper if you need more room.
It is important to list each defendant correctly, visit the small claims website for more information.
The next section contains three Yes/No questions. Answer yes or no for each question.
The first question asks if you participated in mediation? If yes, mark Yes. If no, mark no. If no, you may want to try mediation, it’s an opportunity to resolve your dispute.
The second question asks if the defendant is currently in the military. If yes, mark yes. If no, mark no.
If you don’t know. Visit the small claims website, you can search for current military status using the link to the Servicemembers Civil Relief Act website. Provide the defendant’s social security number or birthday, and last name.
The third question asks how you want the court to serve the complaint on the Defendant.
The Court must give all defendants notice of the complaint. Otherwise your lawsuit cannot move forward.
That’s why it’s important to have a good address for each defendant.
The court typically serves defendants by certified mail. Certified mail tracks whether or not the defendant receives notice.
If the certified mail is returned to the court as unclaimed or refused, the service fails and the defendant will need to be served again.
The court gives you options. Your first option is to have the court automatically re-send notice by mail.
Your second option is to give the court further instructions.
If you want the court to automatically re-send notice by mail mark yes for question 3, if the mail isn't returned to the court, you have good service and your case will move forward.
If your mail is returned, you will need to either provide a new address for the defendant, or choose a different service method.
Mark Yes on the third question if you want the court to send notice by certified mail, and then regular mail if the certified mail is returned.
The next section is where you explain your claim against the defendant. Write a short explanation, include dates, places, and why you feel the defendant owes you money. You will have an opportunity present evidence at the hearing.
Next, write the total amount of money you feel the defendant owes you.
The second form you need is the Civil Cover Sheet.
Mark “I” for Small Claims.
Mark how you want the court to serve notice on the defendant, for example, “certified mail.”
Mark “Waiver” for failed service if you want the court to re-send notice by regular mail if certified mail fails.
Last, sign the cover sheet. You can file your complaint and cover sheet by mail or in-person at the court.
You will need to provide the clerk with your original complaint and three copies.
Visit the small claims division on the 16th floor if you have any questions before you file your complaint.
File your complaint and three copies with the clerk of court on the 3rd floor. The cashier accepts cash, check, Visa or MasterCard. Once you file your complaint, your case will be assigned a case number.
You and the Defendant will receive a hearing date and time in the mail.
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