Legal Terms (Plain English)
Short, clear explanations of common small claims court terms.
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A
Admissible Evidence
Evidence the judge is allowed to consider under court rules.
Example: A receipt and dated photos are usually admissible if they are relevant and authentic.
Related: Evidence, Exhibit, Hearsay
Affidavit
A written statement you swear is true, usually signed in front of a notary.
Example: You submit an affidavit that lists the payments you made and attaches receipts.
Related: Declaration, Notary, Testimony
Allegation
A claim of fact made by one side that still must be proven.
Example: You allege the contractor did not finish the work you paid for.
Related: Burden of Proof, Evidence
Alternative Dispute Resolution (ADR)
Ways to resolve disputes outside a full trial, usually through mediation or arbitration.
Example: The court asks both sides to try mediation before the hearing date.
Related: Mediation, Arbitration, Settlement
Answer
The defendant's written response to a complaint.
Example: The defendant files an answer saying they disagree with the amount claimed.
Related: Complaint, Defendant, Counterclaim
Appeal
Asking a higher court to review a lower court decision.
Example: After losing, you appeal within the deadline set by your court.
Related: Judgment, Deadline
Arbitration
A private dispute process where an arbitrator decides the case instead of a judge.
Example: A service contract may require arbitration before either side can file in court.
Related: Alternative Dispute Resolution (ADR), Mediation
B
Breach of Contract
When one side does not do what a contract requires.
Example: A contractor takes payment but does not finish the agreed work.
Related: Contract, Damages, Cause of Action
Burden of Proof
The duty to prove facts in court. In small claims, the plaintiff usually carries this duty.
Example: You must show the judge evidence that the payment was never made.
Related: Evidence, Plaintiff, Preponderance of the Evidence
C
Case Number
The court's unique ID for your case.
Example: You include the case number on every filing so the clerk can match it correctly.
Related: Docket, Clerk of Court
Cause of Action
The legal reason you are suing, such as breach of contract or property damage.
Example: You claim breach of contract because the contractor took payment but did not complete the job.
Related: Claim, Complaint, Liability
Certified Mail
Mail service that gives tracking and proof of delivery attempts.
Example: You send your demand letter by certified mail to show the other side received notice.
Related: Notice, Proof of Service
Claim
The money or relief you are asking the court for.
Example: A claim for $2,500 in unpaid rent.
Related: Complaint, Relief, Damages
Clerk of Court
Court staff who handle filings, scheduling, and records, but cannot give legal advice.
Example: You ask the clerk which form to file, but not whether your case will win.
Related: Docket, Filing Fee
Collection
The process of recovering money after you win a judgment.
Example: After judgment, you start collection through garnishment or a lien.
Related: Judgment, Garnishment, Lien, Writ of Execution
Complaint
The form or document that starts a case and explains what you are asking for.
Example: You file a complaint describing the dispute and the amount owed.
Related: Claim, Plaintiff, Cause of Action
Continuance
A request to move a court date to a later date.
Example: You request a continuance because a key witness is unavailable on the hearing date.
Related: Hearing, Motion
Contract
An agreement that can be written, spoken, or implied by actions.
Example: A signed repair agreement is a written contract.
Related: Breach of Contract, Damages, Evidence
Counterclaim
A claim filed by the defendant against the plaintiff in the same case.
Example: The defendant counterclaims that your work caused additional damage.
Related: Answer, Defendant, Plaintiff
Court Costs
Expenses related to a case, such as filing and service fees.
Example: You ask the judge to include court costs in your judgment amount.
Related: Filing Fee, Service of Process, Judgment
Court Order
A direction from the court that parties must follow.
Example: The court order requires both sides to appear at mediation.
Related: Motion, Sanctions
D
Damages
Money awarded to compensate a person for a loss or harm.
Example: You ask for damages equal to repair costs and replacement value.
Related: Claim, Judgment, Relief
Deadline
The final date to take a legal step, such as filing or responding.
Example: You must file your appeal before the deadline or lose that right.
Related: Statute of Limitations, Appeal, Answer
Declaration
A written statement signed under penalty of perjury, often used instead of a notarized affidavit.
Example: You file a declaration describing what happened and attach supporting documents.
Related: Affidavit, Evidence
Default Judgment
A decision in your favor because the other side did not respond or show up.
Example: The defendant did not appear, so the judge entered a default judgment.
Related: Judgment, Service of Process
Defendant
The person or business being sued.
Example: The defendant is your former landlord.
Related: Plaintiff
Demand Letter
A letter asking for payment or action before filing a lawsuit.
Example: You send a demand letter asking for a refund within 14 days.
Related: Settlement, Notice
Discovery
The process of sharing information and evidence before a hearing.
Example: You request copies of repair invoices from the other side.
Related: Evidence
Dismissal
When a case is ended before a full judgment on the merits.
Example: The judge dismisses the case because it was filed in the wrong court.
Related: Dismissal With Prejudice, Dismissal Without Prejudice
Dismissal With Prejudice
The case is closed and usually cannot be filed again.
Example: After dismissal with prejudice, the same claim generally cannot be refiled.
Related: Dismissal, Judgment
Dismissal Without Prejudice
The case is closed for now, but may be filed again if rules allow.
Example: A case dismissed without prejudice can often be refiled after fixing a filing error.
Related: Dismissal, Statute of Limitations
Docket
The court's running list of everything filed and scheduled in a case.
Example: You check the docket to confirm your hearing date and recent filings.
Related: Case Number, Clerk of Court
Due Process
The basic legal right to fair notice and a fair chance to be heard.
Example: A judge may delay a hearing if one side was never properly served.
Related: Notice, Service of Process
E
Evidence
Proof that supports your side, like receipts, photos, or messages.
Example: You bring photos and a written estimate to show the damage.
Related: Exhibit, Burden of Proof, Admissible Evidence
Exhibit
A specific document, photo, or object presented as evidence.
Example: Your signed contract is marked as Exhibit A.
Related: Evidence, Admissible Evidence
F
Fee Waiver
Permission to file without paying the fee if you meet income rules.
Example: You submit a fee waiver form with your complaint.
Related: Filing Fee
Filing Fee
The amount you pay to start a case.
Example: You pay a $50 filing fee when you submit your complaint.
Related: Fee Waiver
G
Garnishment
A court process that can direct part of wages or bank funds to pay a judgment.
Example: After winning, you request wage garnishment to collect the unpaid amount.
Related: Collection, Judgment, Writ of Execution
Good Faith
Acting honestly and fairly, without intent to mislead or cheat.
Example: You show good faith by trying to resolve the dispute before filing.
Related: Demand Letter, Settlement
H
Hearing
The court date where both sides explain their case.
Example: The judge schedules a hearing for next month.
Related: Judge, Evidence
Hearsay
A statement made outside court offered to prove that statement is true.
Example: Saying 'my friend told me the defendant admitted fault' may be hearsay.
Related: Evidence, Admissible Evidence, Testimony
J
Judge
The court official who listens to both sides, applies the law, and issues decisions.
Example: The judge reviews your exhibits and asks questions about your timeline.
Related: Hearing, Judgment
Judgment
The court's final decision about who wins and what is owed.
Example: The judgment awards you $1,200.
Related: Appeal, Collection
Judgment Creditor
The person or business entitled to receive payment under a judgment.
Example: If you win and are owed money, you are the judgment creditor.
Related: Judgment, Collection, Judgment Debtor
Judgment Debtor
The person or business ordered to pay under a judgment.
Example: If the defendant loses, they become the judgment debtor.
Related: Judgment, Collection, Judgment Creditor
Jurisdiction
A court's legal authority to hear a case based on location, people involved, and claim amount.
Example: You file in the county where the dispute happened.
Related: Venue, Small Claims Limit
L
Liability
Legal responsibility for harm, loss, or unpaid obligations.
Example: The judge finds the landlord liable for failing to return a security deposit.
Related: Damages, Negligence, Contract
Lien
A legal claim against property to secure payment of a debt or judgment.
Example: You may record a lien after judgment, depending on state law.
Related: Collection, Judgment
M
Mediation
A meeting with a neutral person who helps both sides reach an agreement.
Example: You settle during mediation without a trial.
Related: Settlement, Alternative Dispute Resolution (ADR)
Motion
A formal request asking the court to make a specific ruling.
Example: You file a motion to continue the hearing date.
Related: Continuance, Court Order
N
Negligence
Failing to use reasonable care, causing harm to someone else.
Example: A driver who runs a stop sign and causes damage may be negligent.
Related: Liability, Damages
Notary
A person authorized to verify identity and witness signatures.
Example: You sign your affidavit in front of a notary.
Related: Affidavit, Declaration
Notice
Official communication that informs someone of a legal claim, action, or deadline.
Example: Your demand letter gives notice before filing a lawsuit.
Related: Demand Letter, Service of Process, Due Process
P
Plaintiff
The person or business who files the lawsuit.
Example: You are the plaintiff because you filed the claim.
Related: Defendant
Preponderance of the Evidence
The usual small claims standard of proof, meaning something is more likely true than not true.
Example: If your proof is slightly more convincing than the other side's, you may meet this standard.
Related: Burden of Proof, Evidence
Pro Se
Representing yourself in court without a lawyer.
Example: Many people appear pro se in small claims court.
Related: Plaintiff, Defendant
Proof of Service
A document showing the defendant was properly notified.
Example: You file a proof of service after the papers are delivered.
Related: Service of Process
R
Rebuttal
Evidence or argument used to respond to and challenge the other side's claims.
Example: You use dated photos to rebut the claim that damage existed before move-in.
Related: Evidence, Testimony
Record
The official collection of filings, evidence, and court decisions in a case.
Example: You keep a clean record by filing organized exhibits and proof of service.
Related: Docket, Exhibit, Case Number
Relief
What you ask the court to order, usually money or return of property.
Example: Your requested relief is $2,000 plus filing and service costs.
Related: Claim, Damages, Judgment
S
Sanctions
Penalties a court can issue for violating court rules or orders.
Example: A judge may issue sanctions if someone refuses to obey a subpoena.
Related: Court Order, Subpoena
Service of Process
Officially delivering court papers to the other side.
Example: A process server hands the complaint to the defendant.
Related: Proof of Service, Notice
Settlement
An agreement that resolves the case without a judge deciding.
Example: Both sides agree to a payment plan and end the case.
Related: Mediation, Demand Letter, Stipulation
Small Claims Limit
The maximum amount of money you can request in small claims court in your state.
Example: If your state limit is $10,000 and your loss is $15,000, you may need a different court.
Related: Jurisdiction, Claim
Standing
Your legal right to bring the case because you were directly affected.
Example: You usually have standing if you signed the contract and suffered the loss.
Related: Plaintiff, Cause of Action
Statute of Limitations
The deadline to file a case. After it expires, you usually cannot sue.
Example: You must file within two years of the incident.
Related: Deadline
Stipulation
An agreement between both sides that is filed with the court.
Example: Both sides sign a stipulation to continue the hearing and exchange documents by a new date.
Related: Settlement, Motion
Subpoena
A court order that requires someone to appear or provide documents.
Example: You subpoena a repair shop to bring records.
Related: Evidence, Witness
T
Testimony
What a witness says in court under oath.
Example: Your testimony explains the timeline and supports your exhibits.
Related: Witness, Evidence, Hearsay
V
Venue
The specific court location where the case should be filed.
Example: You file in the county where the defendant lives.
Related: Jurisdiction
W
Witness
A person who has direct knowledge of relevant facts in the case.
Example: A neighbor who saw the incident may testify as a witness.
Related: Testimony, Subpoena, Evidence
Writ of Execution
A court order used to enforce a judgment when payment is not made voluntarily.
Example: You request a writ of execution to begin post-judgment collection steps.
Related: Judgment, Collection, Garnishment