I just got sued in small claims court — what do I do first?
Take a breath. Small claims court is designed for people without lawyers, and being sued does not mean you lose. What matters is that you act before your deadline. Here is the order to do things in.
Start with your state
Deadlines, courts, and response rules differ by state. Our free defense guide for your state walks through the whole process.
1. Find the hearing date and the response deadline
Everything else depends on these two dates. They are printed on the papers you were handed or mailed. Some courts want a written response before the hearing; others only require you to show up. Write both dates down and set reminders today.
2. Do not ignore it — that is how you lose automatically
If you do not appear or respond, the court can enter a default judgment against you for the full amount claimed, plus costs. That judgment can later be enforced through wage garnishment, a bank levy, or a lien. Showing up is the single most important thing you can do.
3. Check that you were sued correctly
Look at the name on the papers, the court location, and how you were served. Cases get dismissed or moved when the wrong person or entity is named, when the case is filed in the wrong courthouse, or when service was not done properly.
- Is your legal name — or your business's legal name — correct?
- Is the courthouse the right one for where you live or where the dispute happened?
- Were the papers delivered in a way your state's rules allow?
4. Gather your proof now, not the night before
Contracts, invoices, receipts, bank records, texts, emails, photos, repair estimates, and names of witnesses. Judges decide small claims on documents and clear testimony. Put everything in date order and bring three copies to court.
5. Decide whether you also have a claim
If the person suing you actually owes you money from the same dispute, most courts let you file a counterclaim so both sides are decided at one hearing. There is usually a deadline and a separate fee, so ask the clerk early.
6. Consider settling before the hearing
A written settlement — signed and dated, stating the amount, the payment dates, and that the case will be dismissed once paid — ends the case on your terms and keeps a judgment off your record. Many courts also offer free mediation on the day of the hearing.
7. If you already missed the hearing
A default judgment is not always final. Most states allow you to ask the court to set it aside if you had a valid reason for missing it and you act quickly. There is a strict time window, so contact the clerk about the process immediately.
Free defense guide for your state
Pick your state to see how the defense process works where your case was filed.
Official sources to check
Response deadlines, fees, and forms change and differ by court. Confirm them directly:
- USA.gov — official state court directoryFind your state's official court website.
- LawHelp.org — free legal help by stateFree and low-cost legal aid and self-help centers near you.