Small Claims Court: Next Steps
by: Wyoming Legal Services - Lander Office
Small Claims Court Next Steps
Going to Court
What Is Small Claims Court?
If you want to sue someone, but don't want to pay a lawyer, go to small claims court. In Small Claims Court you do not need to know legal rules. You tell the Judge your story in your own words. The other side does the same. The judge decides who wins.
To Go to Small Claims Court You must Want less than $5,000 Dollars . . . .
In Wyoming, you can go to Small Claims Court if you want less than $5,000. If you want more than $5,000 you can not go to Small Claims Court. If you want someone to return something that belongs to you, you can not sue in Small Claims Court. If you are in a court other than Small Claims Court you should hire a lawyer to help you.
Read Small Claims Court : First Steps
Read and complete steps for telling the court and the Defendant that you want to sue before doing the steps listed here. [Click here for Steps 1 & 2].
The Third Step is To Prepare for Trial
Trial is your chance to prove to the Judge that you should win. This means that you need to get ready.
Gather all letters, bills, bank statements, photos and anything that shows you are right. Study these to make sure that you can clearly tell the judge why these things show you should win. Think about what you want the court to know. Make a list of important facts. Bring this list to court and make sure you tell the judge everything on the list.
Tell each witness ahead of time when they will need to come to court. Tell them the day and the time. At trial you can ask the person you are suing and any witnesses to answer questions. Write down questions you want to ask and who you want to answer them. Tell the people who are coming to court for you which questions you are going to ask them before the trial.
If you can, watch another Small Claims trial. Ask the Clerk when a similar case is happening. Go the court and watch this trial. When it is over, ask the clerk questions if anything was confusing.
The Fourth Step Is to Do The Trial
When you get to the court, tell the Clerk you are present. The other side may show up with an attorney. If this happens you can have the hearing changed to another time. Only do this if you want time to find your own attorney.
Follow these tips at your trial . . .
• If you are the Plaintiff, you will tell your side first. Tell the Judge why the Defendant owes you money. Give the Judge any papers you want him or her to see.
• Call your witnesses to the stand and ask them your questions. The Judge and the person you are suing can ask you and your witnesses questions.
• The person you are suing gets to tell his side. You and the Judge have the right to question him and his witnesses. The judge will tell you when you can ask questions to the other side.
• Always be polite. Do not interrupt, tell the judge what to do, or act angry.
• If the person you are suing says you owe him money, it is called a counterclaim.
After both sides are heard, the Judge will often make a decision right away. If the other side does not show up you will likely win. If you win because the other side doesn't show, it's called winning by "Default." Even, if the other side does not show up, you may still have to prove to the Judge why you should win.
If you lose, you can appeal within ten days to the District Court. An appeal will cost you at least $25. You should get a lawyer to help you with the appeal.
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