how to file a small claim?

Answer 1

In the USA, small claims are generally handled in the county court houses. You go to your local court house, and ask the guard for directions to small claims court. You get a form, and fill it out. You ask for your money plus whatever reasonable costs you've incurred to collect, file, etc.

You either have them served ($50 or so) or you send them the papers certified mail w/ return reciept.

You are assigned a court date which is usually 6 weeks away. Normally, the other side doesn't show, and you win by default, but you need to show up on your date prepared to argue your case (paperwork, etc).

If you win, then usually the other side has 30 more days to pay. After that, you must find a way to collect the judgement, which is a whole 'nother deal.

Answer 2

Go to the closest court house and get the small claims forms. Every court is different, and every situation is different. There will be a fee to file, and then you have to have the papers served on the other party (another fee). Before you go to small claims make sure the person you are suing has money or cash coming in (a job). Just because you have a judgment against someone doesn't mean that you are going to get paid. That is a another journey you will have to take after you get the judgment in your favor.
You can also get to court papers online, depending on what state yoou live in. I only know about the California small claims system.

Answer 3

Small claims are filed for >$5000.00

In California. Check out:
http://www.calbar.ca.gov/state/calbar/calbar_generic_pr.jsp?sImagePath=Small_Claims_Court.gif&sHeading=Small+Claims+Court&sCategoryPath=%2fHome%2fPublic+Services%2fConsumer+Information%2fPamphlets&sFileType=HTML&com.broadvision.session.new=Yes&sCatHtmlPath=html%2fHome_Public-Services_Consumer-Information_Pamphlets_Small-Claims.html#claim4

Check appropiate state for filing a small claim.

Answer 4

If you are claiming a tax refund, you file a tax return no matter how small the amount. If you are suing someone, please re-post under 'Politics & Government -> Law & Ethics'