Small Claims Court Glossary
Plain-English definitions of legal terms you'll encounter in small claims court. No law degree required.
Plaintiff
The person or business filing the lawsuit — the one claiming they're owed money.
Defendant
The person or business being sued — the one accused of owing money.
Claim
The formal complaint or lawsuit filed with the court, stating what happened and how much money is owed.
Counterclaim
A claim filed by the defendant against the plaintiff in the same case. If you sue someone and they believe you owe them money too, they can file a counterclaim.
Filing fee
The fee you pay the court to file your case. Ranges from $15 to $400+ depending on state and claim amount. Can be waived for low-income filers.
Service of process
The legal requirement to formally notify the defendant about the lawsuit. Must be done by a neutral third party (sheriff, process server, or court clerk via certified mail).
Proof of service
A document filed with the court confirming that the defendant was properly notified about the lawsuit. Required before the hearing can proceed.
Venue
The specific court location where your case should be filed. Usually the county where the defendant lives or does business, or where the dispute happened.
Jurisdiction
The court's authority to hear a case. Small claims courts have limited jurisdiction based on dollar amount and case type.
Default judgment
A judgment entered against the defendant when they fail to appear at the hearing after being properly served. The plaintiff usually wins automatically.
Judgment
The court's decision. If you win, the judgment states how much the defendant must pay you.
Judgment creditor
The person who won the case and is owed money (usually the plaintiff).
Judgment debtor
The person who lost the case and owes money (usually the defendant).
Statute of limitations
The deadline for filing a lawsuit. Varies by state and claim type. Once the deadline passes, you can no longer sue regardless of how strong your case is.
Demand letter
A formal written request for payment sent before filing a lawsuit. Not legally required in most states but strongly recommended.
Certified mail
A postal service that provides proof of mailing and delivery. Used for demand letters and some forms of service of process.
Mediation
A voluntary process where a neutral third party helps both sides reach an agreement. Some courts require mediation before trial.
Arbitration
A process where a neutral third party (arbitrator) hears both sides and makes a binding decision. Some small claims courts use arbitrators instead of judges.
Appeal
A request for a higher court to review the small claims court decision. Rules about who can appeal and deadlines vary by state.
Wage garnishment
A court order requiring the debtor's employer to withhold a portion of their paycheck to pay the judgment.
Bank levy
A court order requiring the debtor's bank to freeze and turn over funds to pay the judgment.
Property lien
A legal claim placed on the debtor's real property (house, land). Prevents them from selling or refinancing without paying the judgment first.
Debtor examination
A court hearing where the judgment debtor must answer questions under oath about their assets, income, and finances.
Subpoena
A court order requiring a person to appear at the hearing as a witness or to bring specific documents.
Continuance
A postponement of the hearing to a later date. Must be requested from the court, usually for good cause (illness, emergency).
Dismissal
When the court throws out a case. Can happen if you fail to appear, fail to serve the defendant properly, or if the court lacks jurisdiction.
In Forma Pauperis (IFP)
A fee waiver application for people who can't afford court filing fees. Available in every state.
Small claims advisor
Some courts (especially in California) provide free advisors who can help you understand the process and prepare your case. They cannot give legal advice.
Writ of execution
A court document authorizing collection of a judgment through wage garnishment, bank levy, or seizure of property.
Satisfaction of judgment
A document filed with the court confirming the judgment has been paid in full. The judgment creditor is required to file this once payment is received.