Evidence Collection Guide
Information about types of evidence commonly used in small claims cases and how to gather them.
Evidence Collection Guide
This guide covers common types of evidence used in small claims cases and suggestions for gathering documentation. Evidence requirements vary by case type and jurisdiction.
Why Evidence Matters
Burden of Proof
You must prove your case - the judge can't just take your word for it
Credibility
Documents are more persuasive than he-said-she-said
Damages Proof
You need to prove exactly how much you're owed
Types of Evidence to Gather
Click any evidence type below for detailed guidance on what qualifies and how to collect it.
Written Communications
Text messages, emails, letters, and any written exchanges about the dispute.
Quick tips:
- ā¢Export text messages (screenshot or app export)
- ā¢Print emails with headers showing date/sender
Photos & Videos
Visual documentation of damage, conditions, products, or work quality.
Quick tips:
- ā¢Photograph damage from multiple angles
- ā¢Include something for scale (ruler, coin)
Contracts & Agreements
Signed documents, leases, service agreements, warranties, and receipts.
Quick tips:
- ā¢Check your email for signed PDFs
- ā¢Request copies from the other party
Financial Records
Bank statements, credit card records, payment receipts, invoices.
Quick tips:
- ā¢Download bank/credit card statements
- ā¢Request receipts from businesses
Witness Statements
People who saw or heard what happened and can testify.
Quick tips:
- ā¢Identify anyone who witnessed the incident
- ā¢Ask them to write down what they saw
Expert Opinions
Professional assessments from mechanics, contractors, doctors, etc.
Quick tips:
- ā¢Get a second opinion from a professional
- ā¢Request written estimates/assessments
Evidence Checklists by Case Type
Here's what you typically need for common types of disputes:
Landlord-Tenant
View guide- Lease agreement
- Move-in/move-out inspection reports
- Photos of property condition
- Rent payment records
- Communication with landlord
- Repair request documentation
Contract Disputes
View guide- The contract itself (written or emails showing agreement)
- Proof of your performance
- Evidence of their non-performance
- Payment records
- Communications about the agreement
Property Damage
View guide- Photos of damage (before and after if possible)
- Repair estimates from professionals
- Receipts for repairs already made
- Proof of property value
- Witness statements
Consumer Disputes
View guide- Receipt or proof of purchase
- Product warranty
- Photos of defect
- Return request documentation
- Communications with seller
Unpaid Wages
View guide- Pay stubs showing work history
- Time records or schedules
- Employment agreement/offer letter
- Communications about pay
- Bank statements showing missing deposits
Auto Repair
View guide- Original repair estimate
- Final invoice
- Second opinion from another mechanic
- Photos of the problem
- Communications with the shop
What If You Can't Get Evidence?
- ā¢ Verbal agreements: Document in writing what was said, when, and who was present
- ā¢ Lost receipts: Bank/credit card statements can show payments
- ā¢ No photos: Get current photos + written description of what happened
- ā¢ Other party has documents: You can request them; courts can compel production
How to Organize Your Evidence
Make copies of everything
Never bring originals to court - you may not get them back
Organize chronologically
Put documents in date order to tell your story clearly
Label each document
Number and briefly describe what each item proves
Create an index
Make a list of all exhibits for easy reference in court
Bring extra copies
One for you, one for the judge, one for the defendant
Practice your presentation
Know which document to show when you make each point
Ready to Continue?
Once you've gathered your evidence, you're ready to move forward: