Step 1: The Demand Letter
Judges want to see that you tried to settle before suing. Send a formal letter via certified mail explaining:
- What happened.
- How much they owe you.
- A deadline to pay (e.g., 14 days) before you file suit.
Step 2: File the Claim
Go to the court clerk in the correct county (usually where the defendant lives or where the incident happened). Fill out the “Plaintiff’s Claim” form.
Dollar Limits: Every state has a maximum amount you can sue for (e.g., $5,000 to $10,000). If your claim is higher, you must waive the rest or go to civil court.
Step 3: Service of Process
You cannot hand the papers to the defendant yourself. You must use:
- Court Clerk (Certified Mail) – Simplest option.
- Sheriff.
- Professional Process Server.
- A friend over 18 who is not involved in the case.
Step 4: The Hearing
Bring 3 copies of all evidence (receipts, photos, texts): one for you, one for the judge, one for the defendant. Be brief, polite, and stick to the facts. Do not interrupt the other side.
Step 5: Collecting the Judgment
Winning is the easy part; collecting is hard. The court does not collect the money for you. If the defendant refuses to pay, you may need to apply for a wage garnishment or bank levy.