- The clerk will give you a Statement of Claim From. Be prepared to fill it out right then and there. Be prepared to provide the following information:
- Your names, address, and telephone number where you can be reached during the day.
- The correct name and address of the party you are suing. If it is a corporation, you will need its proper name and address and the registered agent's name and address.
- A simple but complete statement of hwy you are suing. This should include:
Dates and locations as they relate to your claim; and
The amount of money you are trying to recover.
Remember: the limit is $ 5,000, excluding interest, costs, and attorney's fees.
Always add "Plus costs and interest" to the amount you are suing for. If you win the case, may get this back.
2. Next, you will need to pay a filing fee of $5.00 (for claims of $500 or less) or $10.00 (for claims over $500 and up to $2,500) or $45.00 (for claims in excess of $2,500) plus $4.42 (or the prevailing certified mail fee) for service 0f the claim by mail. This is the cost 0f filing the suit. The Court will notify the party by certified mail that he/she is being sued. You may also use a special process server (someone you, not the Court, hire for a fee to serve your claim). However, a fee 0f $5.00 for an Application for Approval 0f a Special Process Server and a $1.00 fee for the clerk's notary are the costs paid to the clerk. The Clerk has the forms and instructions for this method of serving your claim.
Both the plaintiff and the defendant are required to send each other copies of everything processed prior to the hearing date.
If you cannot afford to pay the filing fee, tell the Clerk that you would like to have the prepayment of fees waived, and he/she will assist you.
3. The Clerk will assign you a case number and schedule a date for the hearing.
You may usually choose a hearing date convenient for you by filing your claim lour weeks before the day you want your hearing.
You will be asked to call the clerk's office one (1) business day prior to the hearing date to determine whether a copy 0f your Statement 0f Claim has been served on the defendant.
Failure to appear or diligently prosecute your claim could result in a dismissal of your suit under applicable Superior Court Rules.
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