Index: All Pages

Were you served your small claims forms properly?

Check if you were served the Plaintiff's Claim the right way

Whoever’s suing you must have the forms given to you in an exact way and a specific number of days before the trial date. 

The person suing you can't personally hand or mail you the Plaintiff's Claim. They must have another adult do it.

The Plaintiff's Claim must be:

  • Handed to you by someone 18 or older (called personal service)
    • If you live in the county where the case is filed you have to have the forms handed to you 15 days, or more, before your court date.
    • If you do not live in the county where the case is filed you have to have the forms handed to you 20 days, or more, before your court date.
  • Handed to someone at your home or work, then a 2nd copy mailed to you (also by someone 18 or older) (called substituted service)
  • Certified mail by the court (not by the other side)

Check what day this is:  

  • If the latest day you could have been served is a Monday through Friday and not a court holiday or closure, you must have been handed the forms by the end of that day. 

  • If the latest day you could have been served is a Saturday or Sunday, court holiday or closure, count back to a day that court will be open. You must have been handed the forms by the end of that day. 

You have options if you weren't given forms the right way 

You can go to the court date and have the trial as if you were served correctly (called "waiving defective service")
  • + Plus
    • You finish your trial and the problem is solved.
  • - Minus
    • You may not have had enough time to get ready for the court date.
You can go to the court date and ask to have the court date cancelled because you weren’t served correctly. 

 

  • + Plus
    • If the judge agrees you weren’t served correctly, they will probably reschedule the trial, not cancel it, so you have time to get ready.
  • - Minus
    • You’ll probably be served at the trial since you weren’t served correctly before.
You can mail the court a letter to let them know you weren’t served in time and that you want the court date cancelled until you are served correctly.

 

  • + Plus
    • You don’t have to go to court to ask for this.
  • - Minus
    • The disagreement you and the other side have won’t be solved for awhile.
    • The other side will probably try serving you again and can get the court date rescheduled so they have time to keep trying.
You can ignore the forms and court date because you weren’t served correctly. 
  • + Plus
    • You don’t have to go to court.
  • - Minus
    • If you were served correctly and didn’t know it, the court date will go on without you and you will probably lose because you’re not there to give your side of the story.
    • The disagreement you and the other side have won’t be solved for awhile.
    • The other side will probably try serving you again and can get the court date rescheduled so they have time to keep trying.

 

success alert banner:

Have a question about Small claims?

Look for a "Chat Now" button in the right bottom corner of your screen. If you don’t see it, disable any pop-up/ad blockers on your browser.