Bringing a case in small claims court

noah.schaffer@exhibitAnews.com

Looking to sue the repair shop that recently charged you $1,200 for not fixing your car?

The good news is that anyone who wants to sue an individual or business for an amount under $2,000 can have his or her day in court by way of a simplified process that doesn’t require an attorney.

The bad news? The victory — assuming there is one — may turn out to be moral only, since collecting an award from small claims court is not necessarily easy.

Following are steps to take in filing a complaint in small claims court:

Try to settle first. Before you show up in court, make sure you have made a good-faith effort to settle the dispute, advises Natasia de Silva, the summertime director for the Small Claims Advisory Service at Harvard University’s Phillips Brooks House Association. The clerk-magistrate who hears the matter will want proof, such as a letter in which you requested your money back, that “shows that you did try to settle the issue outside of court instead of resorting to the court — which should be the last resort,” de Silva says.

Figure out where to file the claim. Small claims can be made in local District courts, the Boston Municipal Court or the Boston Housing Court. You can select any court where either the plaintiff or defendant resides or does business, or where a disputed property is located. (A full list of courts and the towns they serve can be found on the Small Claims Advisory Service’s website, http://www.hcs.harvard.edu/scas) There are exceptions to the $2,000 cap for certain matters involving damage caused by cars, landlord/tenant disputes and consumer fraud. In those cases, the court may award double or triple damages and/or attorneys’ fees.

Complete a “statement of claim and notice.” The suit can be filed using forms available in the court clerk’s office. A small filing fee will apply ($40 for a claim of $500 or more, and $30 for a claim under $500). De Silva says you can sue anyone you have a legitimate complaint against — even a mega-store like Wal-Mart. “You’d have to prove the transaction occurred in Massachusetts,” she says. (But be careful: The clerk-magistrate can make you pay the other side $100 if your complaint is found to be misleading or frivolous.) The clerk will then send a copy of your complaint to the defendant by both registered and first-class mail. The defendant can submit a written answer to the complaint and also file a counterclaim seeking damages from the plaintiff.

Show up prepared. The clerk will alert you to the date and time of the hearing, to which you should show up well in advance. De Silva says having supporting evidence is key. “If it is a landlord/tenant dispute, have the statement of condition, any proof of security deposits, bills or bank statements that document your claim and show the chronology of events,” she advises. Either side can bring along an attorney. De Silva says that to succeed in small claims court you should be able to provide evidence, a timeframe of the events, and “explain to the court in a really concise and convincing matter what actually occurred.” Witnesses are allowed to testify briefly.

Remember, you’re not on “Judge Judy.” While TV producers pick litigants who like to yell and put on a show, the clerk-magistrate who hears your case will expect an orderly proceeding in which parties do not interrupt each other. If the defendant doesn’t show up, and you can provide proof of your claim, you will automatically win. Of course, a plaintiff who doesn’t show will result in the case being dismissed.

Collect your money. It’s not easy to collect a small-claims court judgment, according to de Silva, whose group is advocating for legislation that would make the collection process less difficult. After a clerk-magistrate rules that damages are owed, a payment hearing is scheduled. Ideally, says de Silva, the loser simply pays up and there’s no need for the hearing. Otherwise, the losing party has to explain to the court why he hasn’t settled his debt. “It’s possible that they’ll work out a payment plan or a wage garnishment,” de Silva adds.