What to Do If You're Sued in Magistrate or Small Claims Court
Getting sued can be a stressful experience, even if it's in a small claims or magistrate court, which are designed to be simpler and more informal. The process can seem daunting, but understanding what's involved and how to respond can help you navigate the situation more confidently.
1. Don't Ignore It
One of the most critical steps to remember when sued is not to ignore the lawsuit. If you fail to respond by the deadline (usually indicated on the summons or complaint), the plaintiff might get a default judgment against you, which means they win the case because you didn’t show up.
2. Read the Paperwork
Go through the summons or complaint carefully. It should have the following information:
Plaintiff's name: The person or entity suing you.
Claim: The reason they're suing you and the amount they're asking for.
Response deadline: How long you have to respond.
Court date: When you're expected to appear in court.
3. Decide How to Respond
You typically have a few options on how to respond:
Pay the amount: If you believe the claim is valid, you can decide to settle and pay the plaintiff.
Negotiate: If you think the amount is excessive or have valid reasons for not paying the full amount, you might want to contact the plaintiff or their attorney to negotiate.
Defend: If you believe the claim is not valid, you can defend yourself in court.
4. Prepare Your Response
If you decide to respond and defend, you'll need to file a formal answer with the court. This may be a simple form where you agree or disagree with each point of the complaint, or it could be a more detailed written response. Each jurisdiction might have its own forms and procedures, so ensure you're using the correct paperwork.
5. Gather Evidence
Collect any evidence that supports your side of the story. This could be receipts, contracts, emails, text messages, photographs, or witness statements. Organize your evidence and make copies for the court and the opposing party.
6. Consider Legal Advice
Even though small claims courts are designed to be accessible without an attorney, it might still be a good idea to consult with one. They can offer advice on your case, help with paperwork, or represent you in court.
7. Attend the Court Hearing
On the court date, arrive early, dress professionally, and bring all your evidence and paperwork. Listen carefully, be respectful, and only speak when it’s your turn.
8. Understand the Possible Outcomes
There are a few potential outcomes to a small claims case:
You win: The judge rules in your favor, and you don’t owe anything. In some cases, you might even be awarded court costs.
You lose: The judge rules in favor of the plaintiff, and you'll be required to pay the amount determined.
Settlement: You and the plaintiff might agree to a settlement before the court date or even on the day in court.
9. Comply with the Judgment
If the judge rules against you, it’s essential to comply with the judgment promptly. Failure to do so could result in additional penalties or legal actions.
10. Know Your Appeal Rights
If you're not satisfied with the court's decision, you might have the right to appeal. This typically means taking the case to a higher court but be aware that the process can be more complex and potentially more costly.
Conclusion
Facing a lawsuit in magistrate or small claims court can be overwhelming, but by understanding the process and preparing thoroughly, you can confidently advocate for yourself. Whether you decide to settle, negotiate, or defend, make sure you're informed and organized every step of the way, Kirkbride Law can defend you in magistrate court!
If you or someone you know has been arrested, contact the law firm of Tom Kirkbride (678) 719-0331 today for a free case evaluation. Attorney Tom Kirkbride has over 35-years of criminal justice experience as a law enforcement officer, federal agent, prosecutor, and municipal court judge, he is ready to aggressively fight on your behalf.