What information must I have to file a Small Claims Action? What happens on the day I come in to start my case?

You must have the following to fill out the Summons and Complaint:

  • The plaintiff's correct name, address, phone. The defendant's correct name and address. It is most important that the correct legal name of the party be set forth in the complaint. If the papers cannot be delivered to the defendant, you may have to start the action over and pay additional fees. A party to a civil suit must fall into one of three classes; an individual or an individual doing business under an assumed name, a partnership, two or more individuals doing business together or a corporation.
  • The nature and amount of the plaintiff's claim including dates and other relevant information in the complaint. If the claim is based on a written instrument or contract, a copy should be attached. (Be sure to provide a sufficient number of copies to attach to the original and all copies.)

After you fill out, sign, and date the Summons and Complaint, file the forms and any attachments with the Clerk of Courts, Room 2080 of the Judicial Center. A court date and a case number will be assigned by the clerk. You must pay a filing fee of $94.50 at the time of filing. You will then be responsible for seeing that the papers are properly served, paying any service fees, and filing proof of service with the court.

Show All Answers

1. How do I file a small claims action?
2. Where do I get forms to file a Small Claims Action?
3. What information must I have to file a Small Claims Action? What happens on the day I come in to start my case?
4. How do I obtain service on a small claims Summons and Complaint?
5. How far in advance of my court date must the defendant be served?
6. What happens if the defendant cannot be personally served?
7. What judge will hear my case?
8. Must the defendant appear for the court date?
9. What happens if the plaintiff doesn't appear on the court date?
10. What will happen at court?
11. How do I get a trial before the Circuit Court Judge?
12. What must be included in the "Demand for Trial" form?
13. I have a tenant I want to evict. How do I do this?
14. What is a judgment?
15. How do I obtain a judgment in small claims?
16. How do I enforce a judgment?