Small Claims
What is a Small Claims case?
A Small Claims case is a legal action filed in county court to settle minor legal disputes among
parties where the dollar amount involved is $5,000.00 or less, excluding costs, interest and attorney
fees.
How do I file my case?
A Small Claims case is begun with the filing of a Statement of Claim. The form requires the name(s)
and address(es) of the party or parties you are suing, the amount of money you are suing for and an
explanation of why you are suing. You must also include your name, mailing address and telephone
number on the form.
Ten years ago I received a judgment against someone who owed me money, and a lien for that amount was placed on their house.
They recently sold their house, but my lien was not on record. Why?
When your judgment lien was recorded in the Official Records of your county, it remained on the record for a period
of 7 years. At the end of those 7 years, a certified copy of your judgment needed to be re-recorded, along with an
affidavit containing your current address. Each time you recorded your judgment it was for a period of 7 years,
and could have been re-recorded every 7 years up to 20 years. The re-recording would have to be done within the
90-day period immediately preceding the expiration of the lien.
What happens after I have filed my case?
A pretrial court date will be set. If the defendant is served, both parties will mediate to reach an agreement. If no agreement
is reached, a future trial date will be set.
What happens if defendant is not served?
Case could be continued or dismissed at the judge's discretion.
