File the lawsuit in the county where the defendant resides. Obtain copies of the court forms from the local small claims court and fill them in by providing details such as: why the court where you filed your claim is the proper court, what the case is all about and how much you are suing for. Indicate the name and address of all defendants, if there is more than one. Pay the court clerk a filing fee and you will be issued a pretrial hearing date.
Notify the defendant about the lawsuit you have filed by sending him a Notice to Appear issued by the court. Attach a copy of your claim to the Notice to Appear and serve him through certified mail, through the sheriff's office, through a process server who is at least 18 years old, competent and not a party to the case, or serve a third party who will forward the notice to the defendant. Obtain a receipt for the mailing service or an acknowledgement of receipt by the defendant and provide the court with the receipt as proof of service.
Gather all evidence documents such as warranties, receipts, contracts, canceled checks, estimates of damages and photographs that may support your case at both the pretrial and trial hearings. Identify witnesses that will be relevant to support your claim. Attend the pretrial hearing in which the judge will determine the real issues in the case.
Subpoena your witnesses to ensure that they appear in court if the case goes to trial. Obtain a Subpoena Duces Tecum (subpoena form) from the Small Claims Court Clerk. Fill in the original one and return it to court and serve a copy of the original subpoena to the witness. Serve the subpoena by certified mail, through the sheriff's office or through a process server who is at least 18 years old, competent and not a party to the case, or serve a third party who will forward the subpoena to the witness. Provide the court proof of service in the form of a receipt or letter from the witness acknowledging receipt.
Appear in court during the trial hearing. Present all your evidence documents to the court and call upon witnesses to support your claim. Provide clear and precise facts of the case and avoid long-winded explanations. Tell the judge of your failed out-of-court efforts to claim the money from the debtor.
Provide proof of any properties and wages that the defendant may have. This will show the court that the defendant is in fact able to pay the money owed to you. Wait for the judge to issue a final judgment on your case.