Common Mistakes and How to Avoid Them
The simplified nature of small claims court is a great advantage, but it can also lead people to be underprepared. Avoiding these common mistakes will significantly increase your chances of a successful outcome.
Mistake 1: Suing the Wrong Person or Entity
It’s a frustrating and surprisingly common error. You sue “John’s Plumbing,” but the legal business name is “J.P. Services, LLC.” If you get a judgment against the wrong name, it may be impossible to collect.
How to Avoid It: Do your research before you file. For businesses, check your state’s Secretary of State or business licensing websites. For individuals, make sure you have their full, correct legal name. Double-check contracts, invoices, or any official correspondence you have.
Mistake 2: Waiting Too Long to File Your Case
Every state has a “statute of limitations,” which is a firm deadline for filing a lawsuit. If you miss it, your case will be dismissed, no matter how strong it is. For example, the limit for a breach of a written contract might be five years, but for property damage, it might only be two years.
How to Avoid It: As soon as a dispute arises that you can’t resolve, look up the statute of limitations for your specific type of claim in your state. Don’t delay. The clock is ticking from the date the incident occurred or the contract was broken.
Mistake 3: Failing to Properly “Serve” the Defendant
The law is extremely strict about formal notification. If you don’t follow the rules for “service of process” to the letter, the defendant can ask the judge to dismiss the case, and the judge will likely agree. This means you have to start all over again.
How to Avoid It: Carefully read and follow your local court’s rules on service. The court clerk can explain the approved methods in your jurisdiction. Using a professional process server or the local sheriff’s department is often the safest bet, as they know the rules and will provide you with the necessary “Proof of Service” form to file with the court.
Mistake 4: Showing Up Unprepared and Without Evidence
Many people assume that because small claims court is informal, they can just walk in and tell their story. But a judge cannot make a decision based on your word alone, especially when the other person is telling a different story. Your credibility comes from the evidence you present.
How to Avoid It: Treat your court date with the seriousness it deserves. Organize all your documents, photos, and other proof in a binder or folder. Make at least three sets of copies: one for you, one for the judge, and one for the defendant. Prepare a simple, chronological outline of your key points so you can present your case clearly and confidently.
Mistake 5: Getting Emotional or Disrespectful in Court
It’s natural to be emotional about a dispute, especially when you feel you’ve been wronged. However, letting anger, frustration, or sarcasm take over in the courtroom is a major mistake. It undermines your credibility and shows disrespect for the judge and the process.
How to Avoid It: Practice presenting your case to a friend beforehand. Focus on being calm, professional, and factual. Stick to your prepared points. Address the judge as “Your Honor” and never, ever interrupt the judge or the other party when they are speaking, no matter how much you disagree with what they are saying. Your professionalism will make a much stronger impression than an emotional outburst.
