Small Claims Court: First Steps
by: Wyoming Legal Services - Lander Office
Small Claims Court: First Steps
Telling the Court and the Other Side You Want to Sue
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.
The First Step Is to File Your Claim in Court
finding the court . . . .
Find out where the court is. If you live in a county with a lot of people, your claim may be filed in County Court.
If you live in a smaller county, the claim may be filed with the Justice of the Peace.
Both courts are usually located in your town court house. You can call any court house to find out for sure which court to file in and where the court is.
filing your claim
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On your claim, you will be called the Plaintiff. The person you are suing is called the Defendant. In order to sue in small claims court you must pay a small filing fee. If you win, you may be able to get your fee back from the person you are suing.
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The court clerk will give you a complaint form. If you ask, the Clerk might help you fill it out.
On the form you must write what your case is about . Write this in one short sentence.
You may write, "My Landlord Did Not Return My $330 Deposit" or "Defendant Caused $100 in Damage to My Car."
Write this sentence out before going to court to file your claim. That way it will be ready when it is time to fill out the complaint form get there.
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Before you can sue in small claims court you must ask the other side to pay you. If they do, you do not need to go to court. If the they do not, then you can go to small claims court. Do not forget to say on your complaint form that you asked them to pay and they would not.
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On the form you must also give the name and address of the other side. Often, the person you are suing must live in the same county as the court you sue in. Check with the court clerk to see if this is true for your case.
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You may list more than one person on the form if more than one person owes you money. You may also sue a business. Be careful to write down the correct name of the business.
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If you are suing someone who is married, it may be a good idea to write the husband and wife.
The second step is to tell the person you are suing . . . .
You have to give the person you are suing a copy of your complaint against them. When they get the copy, the person has been served. You can ask the clerk or court to help you make sure that the person has been served in the right way.
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You may have to pay someone to serve the person you are suing.
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You can have your Sheriff serve the person. The Sheriff can only serve someone who lives in his county.
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You can serve the papers by registered mail. This type of service works only if the person you are suing signs the Return Receipt. If anyone else signs for the papers, the service is no good and you must try again.
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If you win, the costs of service will be added to the amount the other side owes you.
You cannot serve the other side yourself.
After the Defendant has been served, the Court will notify you and the other side by mail of the trial date and time.
Sometimes you may have a good reason why you cannot make it on this date. Call the court right away and tell the clerk.
Do not fail to show up without telling the court. If you do, your case will be tossed out. You will not be allowed to sue the other side for the same problem again.
Next Steps . . . . . . .
[Read SMALL CLAIMS COURT Next Steps]
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