Writing Your Small Claims Complaint

When you decide to sue for monetary damages through the small claims court system, you’ll have to file a large amount of paperwork, part of which will be your complaint. This complaint will consist of the reasons why you are owed a sum of money from the defendant. The complaint is one of the most important aspects of your small claims case because the judge will read it before he or she hears you speak.

NOTE: In some states, the complaint is called the “claim”; it’s all the same thing.

Writing Your Small Claims Complaint #1: Be Brief

Your complaint should consist of one or two lines that briefly and succinctly describes your case, giving only enough information to help the judge to understand what the complaint is all about. If you go on for much longer, you might taint the judge’s views concerning your case, meaning that your case might already be lost before you appear in court.

Writing Your Small Claims Complaint #2: Don’t argue your case.

The complaint is not the time to give the judge the low-down on what happened between you and the defendant. He or she doesn’t need to read a diatribe of all the ways in which you were wronged, nor do you need to include evidentiary pleas that might convince the judge that you are in the right. Save the arguing for the court room.

Writing Your Small Claims Complaint #3: List the date.

When you are writing your complaint, be sure to include the date on which the event actually happened. If there are several infringements, just include the date most pertinent to your case.

Writing Your Small Claims Complaint #4: Include the amount owed.

When writing your small claims complaint, be sure to tell the judge exactly how much is owed, down to the penny. In other words, don’t write that the defendant owes you $290.00 when he actually owes you $291.15. Be as specific as possible to avoid confusion and questions of your morality later on.

Writing Your Small Claims Complaint #5: Give the cause and the effect.

Don’t just say that your neighbor ran over your dog; tell the judge that your neighbor ran over your dog, resulting in veterinary bills totaling $1,012.83. This is imperative because if there is no damage suffered by the plaintiff (you), it is doubtful that the defendant will have to pay.

Examples of well-written small claims complaints:

– The $2,500 that I lent defendant on 1/6/06 was not repaid by 3/12/06, as was agreed.
– Defendant refused to return my security deposit after I left the apartment on 4/8/06, even though my obligations were met.
– Defendant’s dog attacked and bit me at the intersection of Main and 1st on January 3, 2006, and he has not paid my medical bills totally $526.