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What You Need to Know About Small Claims Courts 
 
by Robbi Erickson September 23, 2005

Step #3: File Your Claim

After you have completed your claim form I would highly recommend making two or three copies. The original will be filed with the clerk, the first copy you should keep for your records, and the second copy should be mailed by First Class Certified Mail to the defendant (10) ten working days before the court date.

At this point you will also be asked to fill out the Certificate of Mailing form that will be delivered to the judge during the trial, or delivered to the clerk’s office before the trial begins.

When you file your claim you will be required to pay for the court and miscellaneous fees associated with your case. You should be prepared to pay for these fees with cash, a money order, or a cashier’s check. Most courts won’t except credit cards or personal checks, so be prepared to pay using one of the authorized payment forms.

Step #4: Prepare Your Case

While you are waiting for the court to process your case you should prepare your case for trial. You will need to get every piece of evidence that supports your case that you can, including: payment stubs, cancelled checks, contracts, signed agreements, and even witnesses if they are available. Organize all of your information so that you will be able to present your case easily to the judge and be able to show support for your position.

Step #5: Subpoena Your Witnesses

You will need to fill out and file a Request for Witness Subpoena for every witness that you are going to call during your trial. This is an optional step, but it is highly recommended for all witnesses even those who have already agreed to appear.

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