Buzz
When you think of the legal system and lawsuits, you might imagine high-profile, large-scale lawsuits that stretch on for years, or flashy legal dramas unfolding on your favorite lawyer-themed TV shows. But millions of lawsuits filed each year don’t reach those dramatic levels—they are resolved in small claims court, where the financial stakes are low, and hiring a lawyer isn’t always necessary.
It’s very possible that one day, you could find yourself in small claims court. If a contractor believes you owe them money, or if a neighbor accuses you of causing them harm, it’s easy for them to pay a small fee—often under $100—and bring you to court. If that happens, you should take it seriously; you might think of something like Judge Judy when you picture small claims court, but the consequences of ignoring it can be significant. If you’ve been sued in small claims court, here’s what you need to do.
Try Negotiation or Mediation
The first thing you should do is try to prevent the issue from escalating. If there’s been a misunderstanding or you feel there’s room for negotiation, reach out to the person suing you and see if you can settle things amicably. There’s no rule against attempting to resolve the matter before your court date.
If direct negotiation doesn’t work, you can propose mediation, where a neutral, trained mediator helps both sides find a solution. Again, there’s no restriction on this process—in fact, many small claims courts require mediation before your court hearing, and those that don’t often assist in locating a mediator, so it’s a good idea to contact the small claims court clerk for guidance.
Attend the Court Session
If negotiation doesn’t lead to an agreement, be prepared to attend the court hearing. Even if you don’t mind the outcome, don’t disregard your court date. If you need to reschedule for any reason, you must attend to request the delay. The general rule is that, unless explicitly directed otherwise by the judge, you must appear at your scheduled court date.
Failing to show up leads to two unfavorable outcomes:
Default Judgment. If you miss your small claims court date, the most likely outcome is that the judge will automatically rule in favor of the plaintiff, granting them the full amount they requested. Any opportunity you had to reduce the judgment by presenting your side is lost.
Loss of Appeal Rights. You can usually appeal a small claims court ruling—except if you fail to show up and a default judgment is issued. While appealing may not seem crucial over a small sum, losing that right means surrendering any potential leverage you could have had.
Giving up any chance to influence the decision in your favor is a clear mistake on your part.
Be Ready
Once you’ve committed to attending your court date, it’s time to prepare. Even though these are “small” claims, that doesn’t mean they can’t be costly—the amount in dispute varies by state, with Kentucky’s limit at the low end ($2,500) and Delaware and Tennessee reaching up to $25,000. If you’re not concerned about losing $25,000 by default, that’s great, but for most people, making an effort to potentially reduce that amount is definitely worth it.
Seek Legal Advice. You don’t need a lawyer for small claims court (and in many areas you can’t have one represent you), but you should carefully read through all the documents you’ve received to fully understand the case and what the plaintiff wants. If anything is unclear, there’s no issue with hiring a lawyer to consult with you.
Collect Evidence. If the plaintiff has incorrect information, bring proof to support your position. If you're presenting mitigating factors, be prepared to explain why you believe the claim is excessive or why you’re not the one to be held responsible. You’ll be addressing the judge directly, so be clear and to the point. If you have witnesses—and yes, you can call witnesses in small claims court—ensure they arrive on time or provide a signed written statement for submission.
Follow the Judge’s Instructions. Lastly, be attentive and comply with the judge’s directions. Most small claims judges understand that you may not be familiar with the process, and as long as you’re respectful and make an effort, they’ll guide you on what to do.
