To initiate a small claims case, the plaintiff must complete a form called an “Affidavit and Claim” or “Notice to Appear.”  This “Notice” is very similar in many ways to a summons and complaint in a general civil matter.  The form requires the plaintiff’s name and address as well as the defendant’s.  Furthermore, the plaintiff must state the amount of damages he is seeking and the reason he is seeking these damages. The plaintiff must also pay the filing fee as discussed above.

After filing, the plaintiff is given a court date between 30 and 45 days from the filing date.  It is the responsibility of the plaintiff to ensure that the defendant is served a copy of the “Notice to Appear” either by certified mail or in person.  If the plaintiff chooses the former, the court will mail the Notice at the plaintiff’s expense.  If the plaintiff opts for the latter, the Notice can be served by anyone that is not a party to the case and is 18 years of age or older.

If the defendant is served prior to the court date and all parties appear at the scheduled time… the magistrate will hear the case.  Both sides will be given an opportunity to explain their positions. After all testimony has been taken, the magistrate will make his decision and a judgment will be entered.

If the defendant(s) is served and fails to appear for the hearing… the magistrate may enter a default judgment for the plaintiff.  Before entering the judgment the magistrate may wish to take testimony from the plaintiff to determine if the case has merit.

If the plaintiff fails to appear, or neither party appears… the magistrate will dismiss the case.

If all parties agree to a settlement before the hearing date… the plaintiff can ask that the case be dismissed, or the magistrate may enter a “consent judgment.”  This means that the parties enter into an agreement, and present a judgment form to the magistrate detailing the terms of the agreement.

If either party does not want the case to be heard in small claims court…the party has the right to ask that it be removed from small claims and placed on the general civil docket.  This must be done before the hearing begins.  There are many reasons for this to occur.  Possibly one of the parties does not wish to give up their right to appeal, one of the parties may wish to bring in an attorney, or the defendant may wish to counter-sue the plaintiff for more than the $3,000 limit in small claims court.

If the Notice to Appear is not served on the defendant by the court date… the plaintiff must determine the reason(s) for the lack of service and take steps to correct.  For example, if the address is incorrect, he must obtain a new, corrected, address.  If the original Notice was not accepted by the defendant, the plaintiff may need to have a new Notice served personally.  The plaintiff must appear for the hearing date even if the Notice has not been served to request a new hearing date and update the Notice as mentioned above.