Bisceglie & Walsh, lawyers in Washington, DC, District Of Columbia

Guidance for a Defendant in Small Claims Court

Small claims courts resolve disputes involving smaller dollar amounts than disputes in regular trial courts. For example, small claims courts in Wisconsin decide contract disputes, property damage actions, personal injury suits, evictions, the return of earnest money, and repossessions of property when the amount claimed is $5000 or less.

Procedure

If someone sues you in small claims court, the party suing is called the plaintiff and you are the defendant. You will receive a copy of the summons and plaintiff's complaint, which will tell you why the plaintiff is suing you.

If you think that the plaintiff is the one at fault in the dispute, you can countersue by filing a counterclaim. In some states a counterclaim is mandatory or required, and if you don't countersue you give up your claim against the plaintiff.

You might try to negotiate with the plaintiff if you think you are at fault in some way. If you can't reach an agreement, you might suggest mediation in a state where mediation is voluntary; in other states, mediation is required.

Defenses

If a hearing is held, you should be prepared to present any defenses you might have. The hearing will be informal. You should tell the judge or magistrate if you did not personally receive the plaintiff's court papers or if you do not reside where the suit was filed or where the transaction involved in the suit occurred. These defenses might get the case against you dismissed.

If you fail to appear for the hearing, a default judgment will be entered against you--probably for the dollar amount requested by the plaintiff. If you default, the plaintiff will also recover costs and attorney fees in Wisconsin and some other states. If you show good cause for missing the hearing, the court may decide to reopen the judgment.

Appeals

If you do not agree with the decision in the case, most states allow you to appeal the decision. In Wisconsin, an appeal must be filed in the court of appeal within a set period of time. A filing fee must be paid in order to appeal.