Have You Been Sued in Small Claims Court?


Perhaps you are reading this because you received a summons informing you that someone
is suing you in small claims court. That person is called the “plaintiff” on the summons, and you are
the defendant.

The summons tells you when and where you should go if you want to contest the case. It also
tells you the type of case it is and what the plaintiff claims you owe him or her. If the plaintiff has an
attorney, the summons tells you the attorney’s name and address.

Included with the summons is a “complaint” telling why the plaintiff thinks you owe him or
her money, your property should be repossessed, or you should be evicted, as the case may be. Is
everything stated in the complaint true? If not, and you do not agree that the plaintiff should get what
he or she claims in the last paragraph of the complaint, you may wish to appear and contest the case.
Even if the complaint is true, you may still want to contest the case if you think there are other facts
the court should know about. If there is any reason why the plaintiff should not get what he or she
claims, you may wish to contest the case.

If you decide not to contest the case, it is not necessary to go to court. If you do not appear
in court, the plaintiff will probably obtain a judgment against you. If you do want to contest the case,
make sure you show up in court at the time shown by the summons.

In some counties, you can contest the case without going to court until later. The summons
will tell you if that is allowed in the county where you are being sued. Usually, you must send the court
an “answer” to the complaint, showing the plaintiff’s name and your name, as they appear on the
summons, and the case number. Your answer should state all the things in the complaint which you
deny are true, and all the things the judge should know before deciding whether the plaintiff should
get what he or she is asking for. After your answer is received, the court will schedule the case for
a hearing and notify you of its time and place.