Money & Debt

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The Big Picture

Small claims court is a civil court designed to be a user-friendly, low-cost way of settling legal disputes of up to $10,000. This court has simplified rules and the timeline can be much…

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You must come to court on the return date listed on the plaintiff's complaint and tell the judge if you agree or disagree with the complaint.

You should also file an Appearance form, so you don't risk a judge ruling against you. An appearance tells the court and the plaintiff that you will participate in the court process.

For small claims court, you usually do not have to file an answer, but you should still file an appearance. In Madison County, you will need to file a written response to the Complaint.

If you believe the plaintiff owes you money, you can file a counterclaim. If you believe that you have a good counterclaim, you should contact a lawyer. In Madison County, instead of filing an Appearance form, you will be asked to file an Answer form. You can get the Answer form from the clerk or the clerk's website. If you cannot appear in court on the date listed on your Summons, you can file your Answer at any time before that date.

Things to consider if someone has started a small claims case against you

If you received notice that someone has started a court case against you, you have a few options of what to do.

Option 1: Resolve the issue without going to court

There are other options besides going to court that cost less and are faster:

• Settle: Agree with the other party on your own. You have more control of the outcome because a judge or jury is not making the final decision.
• Mediation: Reach an agreement with the other party with the help of a neutral third party. The mediator does not decide what happens. The mediator helps you reach an agreement that is documented in a contract that both parties must follow.

Option 2: Do nothing

You could choose to do nothing if you received notice that someone has started a lawsuit against you. However, you should know that:

• The court may enter a default judgment against you. This means that the person who filed a court case against you may get what they asked for.
• If the court enters a default judgment against you and you want to challenge it, you must file court forms asking the court to vacate the default judgment. You should file the forms within 30 days of the date on the default judgment, or it will be harder to get rid of the default judgment.

Option 3: Respond to the court papers and participate in the court case

You can have your day in court. To go to court, tell your side, and have a court decide what happens, you must respond to the court papers you received.

You must file an Appearance form. You may also have to file an Answer if the judge requires it.

It costs time and money to file an Answer in court. Court cases may take several months and even a year or years to finish. Court cases often include:

• Fees to file your case,
• Fees to pay a lawyer, and
• Time spent in court which may be the time you have to take off from work.

Fill out and sign the below forms with this program that will automatically create the forms for you. Make 2 extra copies of each form for the plaintiff and yourself.

• Appearance: Tells the court and the other party that you are participating in the court case on your own without a lawyer. It also tells the court and the other party if you want your case to be decided by a judge or a judge and a jury.
  • If the judge asked you to also file an Answer, don't use this form. Use the program below.

  An Answer is a written response to the court saying whether you agree or disagree with the reasons the other party used to sue you. This response is also where you raise affirmative defenses or reasons the other party should not win and counterclaims that you have against the other party about the issues in the court case.

  Dismissing the case

  Before you fill out and file your Answer, talk to an attorney about filing a Motion to Dismiss. You may have a legal reason to have the Complaint dismissed. For example, the case was filed after the time limit ended.

  Credit card debt cases and debt buyer cases

  If you are being sued for a debt that you owe, the plaintiff may have to follow more rules. These rules apply if the debt you are being sued for is from a credit card. They also apply if you are being sued by someone for a debt that they did not originally own. These are called "debt buyers" because they buy the debt from the original creditor. A plaintiff must do the following in debt buyer and credit card debt cases:

  • Print the name of the person who signs the Complaint under the signature line,
  • Include a Credit Card or Debt Buyer Collection Affidavit signed by the plaintiff (not their lawyer);
  • Include a statement that the suit is filed within the relevant time limit ("statute of limitations"); and
  • Have the Credit Card or Debt Buyer Collection Affidavit signed by the plaintiff or the plaintiff’s designated agent. For purposes of this Rule, the attorney for the plaintiff may not sign the affidavit on behalf of the plaintiff or plaintiff’s designated agent.

  If the plaintiff doesn't do all of these things, you can ask to have the case dismissed. To do so, file a Motion to Dismiss and say the rule they did not follow.

  Quashing service

  You can file a Motion to Quash if you have a legal reason to challenge the service of process, which is the way you received the court papers.

  File the Appearance and Answer forms with the court

  Now that you have filled out your forms, you need to file them with the appropriate circuit clerk. You will need to electronically file ("e-file") them unless you have an exemption.

  Do this with the circuit clerk at the courthouse where the case was filed.​

  Pay the court filing fee or file the Application for Waiver of Court Fees you filled out in Step 1.

  There are fees to file many court forms, especially when starting a case. Fees are different from case to case and county to county. Contact the circuit clerk to find out about their fees. Many circuit clerks list theirs fees on their website.

  If you qualify, you can get a Fee waiver. A fee waiver allows you to file for free, or at a reduced cost.

  Send a copy of your Appearance and Answer forms to the other parties

  After you file your forms, you need to take the following actions:

  • Send a copy of your stamped Appearance and Answer forms to all the other parties in the case. If a party has a lawyer, send a copy to the lawyer. You can find contact information for the other parties in the case on the other documents that have been filed in the court case;
  • Send the copies in the way you said you would on the Answer form, whether that was by hand delivery, by mail, or by email. You may only send the forms by email if the other party has agreed or you are sending it to the other party's attorney;
  • Send the copies of your forms by 5:00 PM on the same day you file them with the circuit clerk; and
  • Keep one copy of each court stamped form for your records.
  Go to court

  Check with the circuit clerk where you filed your Appearance when your court date will be. Make sure to come to court on that date. Otherwise, the plaintiff will win the case automatically.

  You have the right to represent yourself in court. However, you are expected to follow the court's rules and procedures. Most people who work in the courthouse cannot give you legal advice; meaning they cannot help you decide what to do, evaluate your possibility of success, or present your argument to the judge.

  To navigate the court system, you need basic information about your case. Most of the information should be listed on court papers:

  • Plaintiff's or Petitioner's nam
  • Defendant's or Respondent's nam
  • Case numbe
  • Judicial circui
  • Count
  • Division

  If you are filing a case, you are called the plaintiff. If a case has been filed against you, you are called the defendant. In some cases, the plaintiff is called the petitioner, and the defendant is called the respondent.

  Bring these items with you to court:

  • Copies of all the documents you filed with the Circuit Clerk
  • Any witnesses you want to testify
  • Any documents you want the judge to look at
  • A photo ID

  Follow these suggestions when going to court

  • Be polite and dress the way you would for a job interview
  • Get to the courthouse at least 30-45 minutes before your hearing time;
  • Go to the courtroom number on your court forms. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk
  • Check in with the judge’s clerk or coordinator sitting on either side of the judge’s seat
  • Know your line number and tell the clerk or coordinator your name and line number (you may have to sit outside the courtroom)
  • Listen for your name or your line number to be called and then step up to the bench
  • You may be sworn to tell the truth, answer the questions truthfully
  • Explain briefly the issue you would like to address before leaving the courthouse;
  • You should receive a copy of whatever order is entered that day. Don’t leave the courtroom without it.

  Possible outcomes

  The judge will ask you if you admit or deny the claims in the complaint. The following are possible outcomes from the first court date:

  • If you deny the claims, a trial will be scheduled;
  • If you admit the claims, a judgment will be entered against you; or
  • If you do not show up, a default judgment will be entered against you.
  Prepare for trial

  To prepare for trial, do the following things:

  • Organize your main points;
  • Read the complaint again;
  • Know how to explain your side of the story;
  • Organize your documents so they can be easily used;
  • Locate witnesses who know the facts;
  • Bring expert witnesses (a mechanic, for example) who will support your case; and
  • Know what their witnesses will say.

  If a witness refuses to come to court, you can have the court make them come. To do this, you will need to get an order called a subpoena from the circuit clerk.

  If the clerk issues the subpoena, the person you want as a witness is required to come to court. You will have to pay any witness you forced to come to court.

  You or any other adult may deliver the subpoena to the witness, or you may ask the sheriff's office to deliver it to them.

  All small claims court sessions are open to the public. You may attend any of these courtroom proceedings to observe.

  Go to the trial

  The trial will be in front of the judge only, or in front of a jury and a judge.

  The plaintiff will have the first chance to present evidence and witnesses to prove their case. To do so, the plaintiff may show the judge or jury papers, or ask witnesses to answer questions. This is called testimony.

  When they finish, you and the judge can ask the witness questions. Then, you will have a chance to present evidence and witnesses. The plaintiff and the judge can question (cross-examine) your witnesses.

  If no jury was requested, the judge will either dismiss the case or give the plaintiff a judgment for the money.

  If it is a jury trial, the jury will talk privately, and then give their decision to the judge. Based on the jury's conclusion, the judge will either dismiss the case or award the plaintiff a judgment for money.

  If you win the case

  If the judge dismisses the complaint, the case is over. You do not need to do anything more unless the plaintiff appeals the case or files anything more. You will get notified if any of these things happen.

  If you lose the case

  If the plaintiff proves that you owe the money, the judge will give them a money judgment. This is a court document that says you owe the plaintiff money. The judgment may also include court costs.

  This does not mean that you have to pay the plaintiff on the day the judgment is entered. However, if you do not pay, the plaintiff can ask the court to have the money:

  • Taken from your wages
  • Taken from your bank accounts
  • Put as a lien on your property

  You will also have to pay the plaintiff's court fees for taking these actions.

  If you do not pay right away, interest will start collecting on the day of the judgment. The rate is 9% a year. The rate is 5% for judgments entered on 1/1/20 or later that are $25,000 and are for consumer goods or services (not bodily injury or death). The longer you wait, the more you will have to pay.

  Also, a judgment against you will show up on your credit report.

  Appealing

  Either party can appeal a decision if they lose their case. The court that you would take your case to is called an appellate court.

  In most counties, you must file an appeal within 30 days of the day the judge enters a judgment. Appeals are complicated and require additional fees. You should talk to a lawyer before appealing your case.