If the defendant does not come to court, an inquest will likely be held and a decision made in favor of the Claimant (the person who filled the suit in Small Claims court). An inquest is a non-jury trial where you present proof of the amount of your damages.
Timeline of How to File a Lawsuit Step 1: File a Complaint. Plaintiff files a complaint and summons with the local county court. Step 2: Answer Complaint. Step 3: Discovery. Step 4: Failing to Respond to Discovery. Step 5: Conclusion of Lawsuit.
You do not need a lawyer to sue in Small Claims Court. But you may hire one, if you want. The other side may also hire a lawyer. The Court will not give you a lawyer.
Be clear and concise when presenting your case; don't go off on tangents, don't insult the other party, don't bring up information or events that aren't directly related to the matter at hand. Rehearse presenting your case before you get into court. Listen to everything the judge says and answer clearly.
You start a lawsuit by filing a complaint. In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit.
In New York City the Small Claims Court is a part of the Civil Court of the City of New York. It is an informal civil court where a person can sue another person or business for up to $5000 without needing to hire a lawyer.
When you sue, you will need to include at least one legal reason you have to sue in the papers that you file. This is called your cause of action. Common causes of action are a breach of contract or negligence.
To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and “serves” a copy of the complaint on the defendant.
The Civil Litigation Process in California: A Helpful Guide Step One: The Complaint | Litigation Process. Step Two: The Answer | Litigation Process. Step Three: Discovery. Step Four: Motions. Step Five: Post-Discovery Motions. Step Six: Trial. Turn to Rokita Law For Experienced Legal Services.