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

What Procedures Should the Defendant Follow?

Step #1: Reviewing the Summons

If you are served with a summons for a small claims court you will want to first carefully read through the summons and see if the claim is valid or invalid. If you are at fault, and willing to make amends, then you can try and contact the plaintiff and arrange a settlement out of court. If you feel that you are not at fault then you will want to take steps to defend your position.

Step #2: Prepare Your Case

You will want to gather evidence that shows that you are not at fault and that the plaintiff has no grounds for suing you. Evidence may include photographs, receipts, sales contract, signed agreements, contracts, cancelled checks, bank statements, and even witnesses.

After gathering your evidence try to think about what kinds of claims the plaintiff may make, and come up with answers that show that you are not at fault and find evidence that supports your contentions. Be prepared to answer the judge’s questions and provide evidence that supports your claims.

Step #3: 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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