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Legal Terms (Plain English)

Short, clear explanations of common small claims court terms.

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Jump to a letter or browse the full glossary below.

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

Site assistant

Hi, I am the Small Claims Helper assistant. Ask what you need, and I will include direct page links to the right part of the site.

Disclaimer: This assistant explains how to use this website only. It is not a licensed attorney, does not provide legal advice, and cannot evaluate your case. Always verify court rules with official sources.