SMALL CLAIMS CHECKLIST FOR PARTIES
The following checklist may assist you in processing your case. Check off each action as it occurs or has been completed.
PLAINTIFF CHECKLIST
DEFENDANT CHECKLIST
Date COMPLAINT filed and filing fee paid
If you object to the venue (the precinct in which the complaint
was filed) you must file a Motion for Change of Venue for
Date COMPLAINT served
Improper Venue before the answer is filed.
Serve the complaint upon each defendant. If the defendant
refuses to accept the mailing, or a person other than the
Date answer filed and filing fee paid
named defendant signs for the mailing, then service has not
Within 20 calendar days of the date you were served
been effected. You may try the mailing again or use a process
server to effect proper service.
If you fail to file an answer, the plaintiff may obtain a
default judgment against you.
Date return receipt or affidavit
of service filed with the court
Date COUNTERCLAIM
filed and copy mailed to plaintiff
Date time to ANSWER expires
Service by mail: 20 calendar days from the date the return
If you intend to file a counterclaim you must do so at the same
receipt is signed, or if there is no date, or if the date is illegible,
time the Answer is filed. You must use the proper form and
then 20 calendar days from the date the return receipt is filed
mail a copy to the plaintiff.
with the court.
Service by process server: 20 calendar days from the date of
Date time to REPLY expires
service.
Date plaintiff files a REPLY
IF ANSWER IS RECEIVED:
Date defendant files an ANSWER
IF NO REPLY IS RECEIVED:
Date AFFIDAVIT OF DEFAULT
IF NO ANSWER IS RECEIVED:
and APPLICATION FOR ENTRY
Date AFFIDAVIT OF DEFAULT
OF DEFAULT filed with court and copy mailed to plaintiff
and APPLICATION FOR ENTRY
OF DEFAULT filed with court and copy mailed to defendant
Date time to REPLY TO
COUNTERCLAIM expires
If the defendant files a counterclaim YOU must file a reply to
the counterclaim within 20 calendar days. If you fail to file a
reply, the defendant may obtain a default judgment against
you.
NOTICE TO ALL PARTIES
DEFAULT If the time to answer passes and the defendant fails to answer the complaint, or if the time to reply to a counterclaim passes and the
plaintiff fails to reply to the counterclaim, you may get information and forms from the court for obtaining a default judgment. Default is a
two-part process, you may obtain both sets of forms from the court.
It is required that a VOLUNTARY DISMISSAL be filed if the case is settled out of court prior to answer. If an answer has been filed in the case,
you must file a STIPULATED DISMISSAL.
When an answer is filed the court will set a hearing date within 60 days of the filing of the answer and notify both parties of the time and date by
mail. Bring all evidence, documents and witnesses you need to present your case or establish your defense.
NOTICE OF ADDRESS CHANGE All parties are responsible for informing the court of a current address to ensure that the party can receive all
notices mailed from the court.
COLLECTING THE JUDGMENT AWARD If you are not able to make arrangements with the losing party to collect your judgment, you may
seek a Writ of Execution, a Writ of Garnishment, or an Order for Supplemental Proceedings (debtor's examination). You may ask the court clerk
for the necessary form. Please refer to your instructions.
SC 8150-313.03 R: 9/8/16