Being sued in small claims court will require immediate action. Youll need to be prepared to plead your case in front of a moderator and, in the worst case scenario, in front of the judge as well. Youll be given sufficient time from when the papers were served to gather all of your necessary paperwork and proof pertaining to the case. The procedure for filing a small claims court lawsuit depends on the law of the state andor county where you wish to file. Often, states' courts' website will provide guidance on what you need to do (see Small Claims Court for statespecific links). Some states or counties also offer small claims advisors who can help you navigate through the small claims court system, often for free. Jan 12, 2013Even if you do not hire a lawyer, there are still costs associated with filing a small claims action (not to mention time involved), so it may be worth it to explore a payment plan to avoid having to incur those costs and take time to pursue the matter in court. Also, unlike many states, Florida allows you to file an eviction case in small claims court. Court procedures are simple, inexpensive, quick, and informal. Most people who appear in small claims court present their own case and don't have a lawyer. Small claims court rules, including maximum amounts for which you can sue, vary by state. Small claims courts are one of the many different kinds of courts set up in each state to handle specific types of cases. As the name suggests, small claims are legal claims in which a lesser amount of money is at stake. Each state sets a limit on the amount of money that can be sought as a remedy in small claims court, usually around 5, 000. The purpose of small claims court is to allow people to bring relatively minor claims before a judge without incurring considerable expense in the form of attorney's fees and court costs. By its very nature, small claims court is a simple, inexpensive and reasonably fast alternative to a fullblown lawsuit. Small claims courts primarily resolve small monetary disputes, and in a few states, evictions and property claims. The detailed rules for small claims court vary from state to state. However, the procedure is much the same no matter where you are. This overview will give you an idea of what to expect when you file a suit in small claims court. In a handful of states, including California, Michigan, and Nebraska, you must appear in small claims court on your own. In many states, however, you can be represented by a lawyer if you like. But even where it's allowed, hiring a lawyer is rarely cost efficient. Pay by the hour for small claims. If you dont keep up with the payments, the lawyer may be able to stop performing services for you. If the case is in litigation and you dont pay, the lawyer can go to court, make an application to the judge, and get an order allowing him to be removed as your counsel. How can the answer be improved. When the defendant has a lawyer in small claims court. If you start your small claims case without an attorney, and the defendant hires counsel, generally the court will give you the right to get an attorney if you want. For example: You sue the defendant for damage to your car in a fenderbender accident.