Legal Terms (Plain English)
Short, clear explanations of common small claims court terms.
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A
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
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
Appeal
Asking a higher court to review a decision.
Example: After losing, you appeal within the deadline set by your court.
Related: Judgment, Deadline
B
Burden of Proof
Who must prove the facts. In small claims, the person who files usually must prove their case.
Example: You must show the judge evidence that the payment was never made.
Related: Evidence, Plaintiff
C
Claim
The money or relief you are asking the court for.
Example: A claim for $2,500 in unpaid rent.
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
D
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
E
Evidence
Proof that supports your side, like receipts, photos, or messages.
Example: You bring photos and a written estimate to show the damage.
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
H
Hearing
The court date where both sides explain their case.
Example: The judge schedules a hearing for next month.
Related: Judge, Evidence
J
Judgment
The court’s final decision about who wins and how much is owed.
Example: The judgment awards you $1,200.
Related: Appeal, Collection
Jurisdiction
The court’s authority to hear a case based on location and the amount claimed.
Example: You file in the county where the dispute happened.
Related: Venue
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
P
Plaintiff
The person or business who files the lawsuit.
Example: You are the plaintiff because you filed the claim.
Related: 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
S
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
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
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
Subpoena
A court order that requires someone to appear or provide documents.
Example: You subpoena a repair shop to bring records.
Related: Evidence
V
Venue
The specific court location where the case should be filed.
Example: You file in the county where the defendant lives.
Related: Jurisdiction