Being served with a small claims lawsuit can feel frightening, but it's manageable. Here's what to do:
Don't ignore it. This is the most important advice. If you don't respond and don't show up, the judge will almost certainly issue a default judgment against you — meaning the plaintiff wins automatically. This can result in wage garnishment, bank levies, or liens on your property.
Read the paperwork carefully. The summons will tell you the hearing date, time, and location. Note these immediately in your calendar. You'll also see what the plaintiff is claiming and how much they're asking for.
Assess the claim. Is the claim legitimate? Do you owe this person money or were you responsible for damages? Even if you have some liability, you may disagree with the amount being claimed.
Consider your options: You can (1) settle before the hearing — many cases resolve with a phone call, (2) appear and defend yourself, (3) file a counterclaim if the plaintiff actually owes YOU money, or (4) do nothing and accept a default judgment (not recommended).
Gather your own evidence. If you plan to fight the claim, collect all documents, photos, contracts, and communications that support your position. Think about witnesses who can corroborate your account.
Consider an attorney consultation. A brief consultation with a small claims attorney can help you understand your options, even if you don't hire them for the case itself. Many attorneys offer free initial consultations.
At the hearing: Be respectful, organized, and factual. Address the judge as 'Your Honor.' Present your evidence clearly. If the plaintiff says something false, don't interrupt — wait for your turn to respond.
Get a Free Attorney Consultation
Not sure if you have a case? Talk to a small claims attorney for free. No obligation, no commitment.
Match Me with an Attorney →Affiliate link · Free to use · No obligation
Generate a Demand Letter
A professional demand letter increases your chances of getting paid without going to court. Our tool is coming soon.
Free tool · Launching soon
Find Your State's Guide
Rules and limits vary significantly by state. Find the guide for your state:
View all 50 states →👨⚖️ Need Legal Help?
Talk to a small claims attorney for free. Quick consultations, no obligation.
Free Attorney Match →✉️ Demand Letter
Send a professional demand letter before you file. Often gets you paid faster.