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How do I file a law suit in small claims court?

A "friend" and I use the term loosely and I had a cell phone contract from a couple years ago (I know stupid choice since the line is in my name alone) Anyways she hasnt paid a bill since December and currently owes me over $600. I am tired of playing games and I want to just file a law suit and be done with it. So how exactly do you actually FILE a law suit. I have never had to take someone to court other than for a restraining order and I didnt start the process. How do I get started and do I need a lawyer or can I represent myself?

 
katiekruschke

Asked by katiekruschke at 11:14 PM on May. 11, 2009 in Money & Work

Level 13 (1,043 Credits)
This question is closed.
Answers (13)
  • Faked a pregnancy has nothing to do with it.It is common sense on how to file a claim.You go to the courthouse and file a claim.You wait in line and tell the clerk what you are here for and then she will send you to the right window.You right everything down what happened.You can represent yourself because it is small claims court.Attorneys do not represent clients in small claims.You sound so young and inexperienced.You need to get informed.Goggle it.

    Why should she goggle it? This is a QUESTION AND ANSWER section. Not a QUESTION AND GET RUDE USELESS ANSWERS section. I hope some day you need help and you just rude answers and see what it feels like to need help and get response like that. Shame on you.
    Anonymous

    Answer by Anonymous at 9:05 AM on May. 12, 2009

  • I forgot to mention she faked a pregnancy to try to get out of paying her bill, just so you get an idea as to what kind of person I am dealing with
    katiekruschke

    Answer by katiekruschke at 11:15 PM on May. 11, 2009

  • Faked a pregnancy has nothing to do with it.It is common sense on how to file a claim.You go to the courthouse and file a claim.You wait in line and tell the clerk what you are here for and then she will send you to the right window.You right everything down what happened.You can represent yourself because it is small claims court.Attorneys do not represent clients in small claims.You sound so young and inexperienced.You need to get informed.Goggle it.
    Anonymous

    Answer by Anonymous at 1:19 AM on May. 12, 2009

  • You did have her phone turned off, right?
    Jenny301

    Answer by Jenny301 at 1:26 AM on May. 12, 2009

  • yup had her phone turned off, and anon I am YOUNG and inexperienced at FILING LAW SUITS THANK GOD! But thanks for the snotty answer it seems to me you have had to file several either that or you are on teh receiving end. Either way it sounds like you have a lack of experience as well since you are "all knowing" about how the court systems work... troll much?
    katiekruschke

    Answer by katiekruschke at 1:29 AM on May. 12, 2009

  • Go to your county courthouse. Someone there will give you the papers.
    rkoloms

    Answer by rkoloms at 6:32 AM on May. 12, 2009

  • LOL< nice come back....no need for nasty answers, that for sure right?? You go to your court house, its about 200 or so more dollars, you have to write it all down, every stupid thing she has done or said, promised, that is relevant to the case, and you can su her for the $$ that it costs to file as well, good luck..
    plentyokids

    Answer by plentyokids at 7:27 AM on May. 12, 2009

  • Faked a pregnancy has nothing to do with it.It is common sense on how to file a claim.You go to the courthouse and file a claim.You wait in line and tell the clerk what you are here for and then she will send you to the right window.You right everything down what happened.You can represent yourself because it is small claims court.Attorneys do not represent clients in small claims.You sound so young and inexperienced.You need to get informed.Goggle it.

    Wow, what a nice answer for someone who can't even use the correct words. It's write, not right and when you use punctuations, space them so it doesn't look like everything is running together! Everyone doesn't know how to file a claim so stop taking your B**** pills.
    Anonymous

    Answer by Anonymous at 7:40 AM on May. 12, 2009

  • Just go to your court house and talk to one of the clerks there. Let them know you want to file a small claims case and they will give you the proper form to fill out. I don't remember what it cost me to file but I know it wasn't much. You will need her information to, like where she lives to be able to file. When you get the form you will have fill out the information on why you are filing the lawsuit and the amount you want from her. all your filing fees and court fees she will have to pay later if you win. you don't need an attorney just make sure you have all the proof you need that she owes you this money. Like a writen contact where she signed it, what she has payed and so on. If you need more info let me know I have been there and would be glad to help you out in anyway I can.
    faithhopeful

    Answer by faithhopeful at 8:22 AM on May. 12, 2009

  • Just an FYI.....be sure you have information as to where she works (her employer) and where she banks. If you DO win in small claims court, you are required to collect the funds yourself. The court will NOT do it for you. She will probably not pay it on her own. So, more than likely, you'll have to garnish her wages to even see a penny of your judgment. For that, you'll need her place of employment and her bank. It can take awhile to even see any money. It may take several months for you to be put on the small claims court docket and then several months to garnish her wages.

    Another FYI....if she doesn't show up for court, you automatically win the case. Or at least that's how it works in Ohio.

    Good luck with everything.
    TightwadMom

    Answer by TightwadMom at 8:37 AM on May. 12, 2009

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