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You'll have to bring it within the statute of limitations period for your particular case. For example, you'll have two years for injury cases, four years for property damage matters, and two and four years for oral and written contracts, respectively. If you don't file within this period, you lose your right to sue.
To begin the process of filing a small claims case, you must first fill out a Statement of Claim Form and a Sheriffs Entry of Service Form. On these forms, you will put the name and address of the person or corporation you are suing, state the exact amount of money you are suing for and explain why you are suing.
A civil case is initiated by the Plaintiff filing a Complaint against the Defendant. The Complaint must set forth the basis of the claim that the Plaintiff has against the Defendant, provide the address of the Defendant and state a claim for damages.
At the time of filing, the plaintiff must pay a filing fee of $54.00. The fee to serve one defendant is $35.00. Service for additional defendants increases the cost by $35.00 for each added defendant. Payments are accepted in cash, money order, cashier's check or other certified funds.
If you cannot resolve a dispute with a business or a person and the amount in controversy is less than $15,000, you may electronically file a case in Magistrate court. You may electronically file in your own name without an attorney or you may hire an attorney at your own expense.
How do I file a complaint or petition in civil court? You file the complaint or petition with the clerk of court. You generally want to file in the court in the county where the person you are suing lives. Along with the complaint, the court must be told where to serve (give it a copy of it to) the defendant.
Court Fees Filing Fees$402.00Civil Filing fee$505.00Appeal Fee$39.00Appeal to a district judge from a judgment or conviction by a magistrate in a misdemeanor case$5.00Writ of Habeas Corpus23 more rows