This required section requests information regarding the Plaintiff in the small claims court action. Press [Ctrl+F1] for more information.
This required section requests information regarding the Defendant in the small claims court action. Press [Ctrl+F1] for more information.
This required section requests information regarding the suitability of using small claims court for this claim. Press [Ctrl+F1] for more information.
This required section requests information regarding the damages that the Plaintiff seeks to recover from the Defendant. Press [Ctrl+F1] for more information.
This required section requests information regarding the legal liability of the Defendant to the Plaintiff for the claim being asserted. Press [Ctrl+F1] for more information.
This required section requests information regarding the procedures that are necessary in order to file a small claims court lawsuit. Press [Ctrl+F1] for more information.
This optional section includes information that will assist the user in preparing for the hearing. Press [Ctrl+F1] for more information.
This optional section provides a final checklist that can be printed and then used to prepare for the hearing. Press [Ctrl+F1] for more information.
This optional section provides information regarding the procedure that can be used if the parties reach a settlement before the hearing. Press [Ctrl+F1] for more information.
This optional section provides information for use by the Defendant. However, it may be beneficial for the Plaintiff to review this information as well. Press [Ctrl+F1] for more information.
This optional section includes information regarding the appeal of an unfavorable court decision. Press [Ctrl+F1] for more information.
This optional section describes the steps that should be taken when the losing party pays the full amount of the judgment to the winning party. Press [Ctrl+F1] for more information.
This optional section provides information which is useful to help the Judgment Creditor decide whether to begin post-judgment collection procedures. Press [Ctrl+F1] for more information.
This optional section provides information to assist the Judgment Creditor in causing the sale of an asset owned by the Judgment Debtor. Press [Ctrl+F1] for more information.
This optional section provides information that will assist the Judgment Creditor in garnishing a bank account or wages of the Judgment Debtor. Press [Ctrl+F1] for more information.
This optional section can be used by the Judgment Creditor to force the Judgment Debtor to disclose his or her assets and sources of income. Press [Ctrl+F1] for more information.
This optional section provides a list of possible questions and document requests to be given to the Judgment Debtor in connection with a "Judgment Debtor's Examination". Press [Ctrl+F1] for more information.
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Times New Roman
Small Claims Worksheet
CLAIMS
The Small Claims Worksheet is used to collect and organize the information that is needed to file and process a claims in small claims court.
Enter the Plaintiff's state.
Enter the name of the party who is being sued in the small claims court ("Defendant"), or edit the information as desired. If the Defendant is an unincorporated business, enter the name of the individual who owns the business. Use the P.I. Manager to select and paste a record.
! Plaintiff Information Section (1 of 17)
[This document has some state specific portions. Enter the state where the Plaintiff currently resides: !.]
SMALL CLAIMS COURT CHECKLIST
(Prepared on: !)
!. PLAINTIFF INFORMATION. The person who will be completing the forms used to file suit in small claims court will need to know some personal information about the person or party who is making the claim and bringing the lawsuit ("Plaintiff"), including name, address, and county of residence.
Plaintiff's Name: !
! Doing business as: !
Address 1: !
Address 2: !
City: !,
State: !
Zip Code: !
County: !
! Country: !
Plaintiff's Status:
! Adult Individual
! Child or Incompetent
! Business
! Co-Plaintiff's Name: !
! Doing business as: !
Address 1: !
Address 2: !
City: !,
State: !
Zip Code: !
County: !
! Country: !
Co-Plaintiff's Status:
! Adult Individual
! Child or Incompetent
! Business
Enter the Plaintiff's state.
Using the format MM/DD/YYYY, enter the date on which the Small Claims Court Checklist is being prepared or edit the information as desired.
Enter the name of the party who is making the claim and bringing the lawsuit in the small claims court ("Plaintiff"), or edit the information as desired. If the Plaintiff is an unincorporated business, enter the name of the individual who owns the business. Use the P.I. Manager to select and paste a record.
Enter an X if the Plaintiff is an unincorporated business.
Enter the name of the unincorporated business which is the Plaintiff in the lawsuit.
Enter the Plaintiff's street address or edit the information as desired.
Enter the Plaintiff's extended street address or edit the information as desired.
Enter the Plaintiff's city or edit the information as desired.
Enter the Plaintiff's zip/postal code or edit the information as desired.
Enter the Plaintiff's county or edit the information as desired. If the Plaintiff is an individual, enter the county where the Plaintiff resides. If the Plaintiff is a business, enter the county where the Plaintiff conducts business.
Enter an X to include the Plaintiff's country, if outside of the United States.
Enter the country or edit the information as desired.
Enter an X if the Plaintiff is an adult individual.
Enter an X if the Plaintiff is a minor or a person adjudged mentally disabled. A parent or legal guardian must appear in small claims court on behalf of a minor or mentally disabled person. Press [Ctrl+F1] for more information.
Enter an X if the Plaintiff is a business. Certain states prohibit some types of businesses from suing in small claims court. Press [Ctrl+F1] for more information.
Enter an X if there will be more than one plaintiff that the Defendant is liable to for the same act or dispute. For example, if two passengers were injured in an automobile accident caused by the Defendant, both passengers can be listed as plaintiffs. Press [Ctrl+F1] for more information.
Enter the name of the second plaintiff or use the P.I. Manager to select and paste a record.
Enter an X if the Co-Plaintiff is an unincorporated business.
Enter the name of the unincorporated business which is the Co-Plaintiff in the lawsuit.
Enter the Co-Plaintiff's street address or edit the information as desired.
Enter the Co-Plaintiff's extended street address or edit the information as desired.
Enter the Co-Plaintiff's city or edit the information as desired.
Enter the Co-Plaintiff's state/province or edit the information as desired.
Enter the Co-Plaintiff's zip/postal code or edit the information as desired.
Enter the Co-Plaintiff's county or edit the information as desired. If the Co-Plaintiff is an individual, enter the county where the Co-Plaintiff resides. If the Co-Plaintiff is a business, enter the county where the Co-Plaintiff conducts business.
Enter an X to include the Co-Plaintiff's country, if outside of the United States.
Enter an X if the Co-Plaintiff is an adult individual.
Enter an X if the Co-Plaintiff is a minor or a person adjudged mentally disabled. A parent or legal guardian must appear in small claims court on behalf of a minor or mentally disabled person. Press [Ctrl+F1] for more information.
Enter an X if the Co-Plaintiff is a business. Certain states prohibit some types of businesses from suing in small claims court. Press [Ctrl+F1] for more information.
! Defendant Information Section (2 of 17)
!. DEFENDANT INFORMATION. The person who will be completing the forms used to file suit in small claims court will need to know some personal information about the party a claim is being made against ("Defendant"), including name, address, and county of residence.
Defendant's Name: !
! Doing business as: !
Address 1: !
Address 2: !
City: !,
State: !
Zip Code: !
County: !
! Country: !
Defendant's Status:
! Adult Individual
! Child or Incompetent
! Business
! Co-Defendant's Name: !
! Doing business as: !
Address 1: !
Address 2: !
City: !,
State: !
Zip Code: !
County: !
! Country: !
Co-Defendant's Status:
! Adult Individual
! Child or Incompetent
! Business
Enter the name of the party who is being sued in the small claims court ("Defendant"), or edit the information as desired. If the Defendant is an unincorporated business, enter the name of the individual who owns the business. Use the P.I. Manager to select and paste a record.
Enter an X if the Defendant is an unincorporated business.
Enter the name of the unincorporated business which is the Defendant in the lawsuit.
Enter the Defendant's street address or edit the information as desired.
Enter the Defendant's extended street address or edit the information as desired.
Enter the Defendant's city or edit the information as desired.
Enter the Defendant's state/province or edit the information as desired. Press [Ctrl+F1] for more information.
Enter the Defendant's zip/postal code or edit the information as desired.
Enter the Defendant's county or edit the information as desired. If the Defendant is an individual, enter the county where the Defendant resides. If the Defendant is a business, enter the county where the Defendant conducts business.
Enter an X to include the Defendant's country, if outside of the United States.
Enter the country or edit the information as desired.
Enter an X if the Defendant is an adult individual.
Enter an X if the Defendant is a minor or a person adjudged mentally disabled. A parent or legal guardian should be named as a Co-Defendant. Press [Ctrl+F1] for more information.
Enter an X if the Defendant is a business. There are special rules for serving notice of the lawsuit on a business. Press [Ctrl+F1] for more information.
Enter an X if there will be more than one Defendant. More than one Defendant can be named if several are liable to the Plaintiff(s) due to the same act or dispute. For example, if two persons signed a promissory note and both fail to pay, both persons can be named as Defendants. Press [Ctrl+F1] for more information.
Enter the name of the second defendant or use the P.I. Manager to select and paste a record.
Enter an X if the Co-Defendant is an unincorporated business.
Enter the name of the unincorporated business which is the Co-Defendant in the lawsuit.
Enter the Co-Defendant's street address or edit the information as desired.
Enter the Co-Defendant's extended street address or edit the information as desired.
Enter the Co-Defendant's city or edit the information as desired.
Enter the Co-Defendant's state/province or edit the information as desired. Press [Ctrl+F1] for more information.
Enter the Co-Defendant's zip/postal code or edit the information as desired.
Enter the Co-Defendant's county or edit the information as desired. If the Co-Defendant is an individual, enter the county where the Co-Defendant resides. If the Co-Defendant is a business, enter the county where the Co-Defendant conducts business.
Enter an X to include the Co-Defendant's country, if outside of the United States.
Enter an X if the Co-Defendant is an adult individual.
Enter an X if the Co-Defendant is a minor or a person adjudged mentally disabled. A parent or legal guardian should be named as a Co-Defendant. Press [Ctrl+F1] for more information.
Enter an X if the Co-Defendant is a business. There are several rules for serving notice of the lawsuit on a business. Press [Ctrl+F1] for more information.
! Small Claims Court Suitability Section (3 of 17)
SMALL CLAIMS COURT SUITABILITY
1. Settlement Attempts.
2. Demand. A "demand letter", or substitute method, was given to the Defendant on: !.
! Response:
3. Ability to Collect from the Defendant. The likelihood that the Defendant is able to pay the judgment amount, if obtained, is:
4. Statute of Limitation; Type of Claim. The incident/due date/breach of obligation which gave rise to the claim occurred on: !.
The claim is based on:
! breach of an oral contract by the Defendant.
! breach of a written contract by the Defendant.
! breach of an implied contract by the Defendant.
! negligent action by the Defendant.
! intentional action by the Defendant.
! defective product sold by the Defendant.
! breach of warranty on a product/service sold by the Defendant.
! violation of Plaintiff's statutory right(s).
Enter information that explains what attempts were made at settlement with the Defendant(s) before beginning any small claims court lawsuit. Press [Ctrl+F1] for more information.
Using the format MM/DD/YYYY, enter the date on which demand was made upon the Defendant(s) to pay the amount of the claim or edit the information as desired. Press [Ctrl+F1] for more information.
Enter an X to include the Defendant's response to the demand for the amount of the claim.
Enter information that explains how the Defendant responded to the demand for payment of the claim.
Enter information that describes the probable ability of the Defendant to pay a judgment if one is obtained. For example, complete the sentence that the likelihood is: "good, because Defendant owns..." Press [Ctrl+F1] for more information.
Using the format MM/DD/YYYY, enter the date on which the claim first arose or edit the information as desired. For example, the due date of money owed but not paid; the date of an accident caused by Defendant; etc. Press [Ctrl+F1] for more information.
Enter an X if the claim is based upon Defendant's breach of an oral contract. Press [Ctrl+F1] for more information.
Enter an X if the claim is based upon Defendant's breach of a written contract. Press [Ctrl+F1] for more information.
Enter an X if the claim is based upon Defendant's breach of an implied contract. An implied contract is not created or evidenced by the explicit agreement of the parties, but is inferred from their conduct and the surrounding circumstances. Press [Ctrl+F1] for more information.
Enter an X if the claim is based upon Defendant's negligent action. Press [Ctrl+F1] for more information.
Enter an X if the claim is based upon Defendant's intentional action. Press [Ctrl+F1] for more information.
Enter an X if the claim is based upon a defective product sold by Defendant. Press [Ctrl+F1] for more information.
Enter an X if the claim is based upon a breach of warranty on a product/service sold by Defendant. Press [Ctrl+F1] for more information.
Enter an X if the claim is based upon Defendant's violation of Plaintiff's statutory right(s). Press [Ctrl+F1] for more information.
! Damages Section (4 of 17)
DAMAGES
1. Damages. The amount of the claim is as follows:
! Personal Injury:
! Un-reimbursed medical bills $!
! Loss of wages $!
! Pain and suffering $!
Personal Injury Total $!
! Property Damage:
! Repair Estimate $!
! Fair Market Value $!
! Loss of Use $!
Property Damage Total $!
! Promissory Note or Account:
! Outstanding Balance $!
! Interest $!
Promissory Note or Account Total $!
! Other: ! $!
! Other: ! $!
! Other Total $!
Total Damages: $!
2. Maximum: The maximum claim allowed in Small Claims Court in ! is $!.
The maximum amount for which you can sue in small claims court varies from state to state. Recently, the following amounts were the maximum jurisdictional limits in the 50 states:
AL 1,500 AK 5,000 AZ 1,500 AR 3,000
CA 5,000 CO 3,500 CT 2,000 DE 15,000
DC 2,000 FL 2,500 GA 5,000 HI 3,500
ID 3,000 IL 2,500 IN 6,000 IA 3,000
KS 1,800 KY 1,500 LA 2,000 ME 3,000
MD 2,500 MA 2,000 MI 1,750 MN 5,000
MS 1,000 MO 1,500 MT 3,000 NE 1,500
NV 7,500 NH 2,500 NJ 2,000 NM 5,000
NY 3,000 NC 3,000 ND 5,000 OH 2,000
OK 2,500 OR 2,500 PA 5,000 RI 1,500
SC 2,500 SD 4,000 TN 10,000 TX 5,000
UT 5,000 VT 3,500 VA 1,000 WA 2,500
WV 5,000 WI 4,000 WY 2,000
Enter an X if the Plaintiff suffered personal injuries caused by the Defendant.
Enter an X if the Plaintiff incurred medical bills, caused by the Defendant, which were not reimbursed.
Enter the amount of un-reimbursed medical bills.
Enter an X if the Plaintiff incurred actual loss of wages, caused by the Defendant.
Enter the amount of wages lost by the Plaintiff.
Enter an X if the Plaintiff endured pain and suffering, caused by the Defendant.
Enter a dollar value for the pain and suffering.
The program completes this field by adding amounts supplied by the user in previous sections. You may modify the information only by returning to those sections.
Enter an X if the Plaintiff incurred property damage, caused by the Defendant.
Enter an X if the property can be repaired.
Enter the estimated cost to repair the property. Enter the full amount of the estimate, even if it is more than the "fair market value" of the item. This program will include the lesser of the two amounts.
Enter an X to include the "fair market value" of the property. This is the amount that a willing buyer would pay a willing seller, where neither party is under an obligation to buy or sell. It is recommended that this information be included for all property damage.
Enter the "fair market value" of the property immediately prior to Defendant's act which caused the damage.
Enter an X if the Plaintiff incurred damages for loss of use of an item.
Enter the amount of damages for loss of use.
The program completes this field by adding amounts supplied by the user in previous sections. You may modify the information only by returning to those sections. This amount will include any loss of use, plus the lesser of: (a) fair market value of the item, and (b) its estimated cost of repair.
Enter an X if the Plaintiff is suing to recover an amount owed by Defendant on a promissory note or charge account.
Enter an X to include the outstanding principle balance owed to the Plaintiff on a promissory note or charge account.
Enter the amount of the outstanding principle balance owed to the Plaintiff on a promissory note or charge account.
Enter an X to include interest or finance charges owed to the Plaintiff on a promissory note or charge account.
Enter the amount of the interest or finance charges owed to the Plaintiff on a promissory note or charge account.
Enter an X to include a section for another type of damage caused by the Defendant.
Describe the type of damage caused by the Defendant. Press [Ctrl+F1] for more information.
Enter the amount of the damage.
The program completes this field by totalling the individual damage amounts supplied in the previous categories. You may modify the information only by returning to previous individual sections.
The program completes the Plaintiff's state by transferring the information from the Plaintiff Information section. This information may be modified without affecting earlier data. This field should indicate the state where the small claims suit will be filed.
The program completes the maximum claim allowed in small claims court in this state. This information may be modified without affecting earlier data. THIS AMOUNT MAY HAVE CHANGED AFTER THE PROGRAM WAS WRITTEN!! You should call your local small claims court clerk's office to obtain current information.
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Alabama
1,500
Alaska
5,000
Arizona
1,500
Arkansas
3,000
California
5,000
Colorado
3,500
Connecticut
2,000
Delaware
15,000
District of Columbia
2,000
Florida
2,500
Georgia
5,000
Hawaii
3,500
Idaho
3,000
Illinois
2,500
Indiana
6,000
3,000
Kansas
1,800
Kentucky
1,500
Louisiana
2,000
Maine
3,000
Maryland
2,500
Massachusetts
2,000
Michigan
1,750
Minnesota
5,000
Mississippi
1,000
Missouri
1,500
Montana
3,000
Nebraska
1,500
Nevada
7,500
New Hampshire
2,500
New Jersey
2,000
New Mexico
5,000
New York
3,000
North Carolina
3,000
North Dakota
5,000
2,000
Oklahoma
2,500
Oregon
2,500
Pennsylvania
5,000
Rhode Island
1,500
South Carolina
2,500
South Dakota
4,000
Tennessee
10,000
Texas
5,000
5,000
Vermont
3,500
Virginia
1,000
Washington
2,500
West Virginia
5,000
Wisconsin
4,000
Wyoming
2,000
! Liability Section (5 of 17)
LIABILITY
The Defendant is legally liable for the claim for the following reason(s):
! Contract Claim. The Defendant breached a valid contract. The contract was:
! oral
! written
! implied
and it provided that:
The "consideration" for the contract was
! mutual promises:
! other:
The Defendant breached the contract by:
! Negligence. The Defendant owes damages to the Plaintiff because the Defendant:
(a) Had a duty to act reasonably under the circumstances by:
(b) The Defendant breached that duty by:
(c) The Defendant's breach of duty caused the Plaintiff damages because:
(d) The Plaintiff's conduct:
! contributed to the damages to the Plaintiff by:
! did not contribute to the Plaintiff's damages.
! Intentional Conduct. The Defendant owes damages to the Plaintiff because the Defendant intentionally:
! Defective Product. The Defendant:
! sold
! manufactured
! sold and manufactured
a product: !
which was defective because:
The defect in the product resulted in:
! bodily injury
! property damage
! bodily injury and property damage
to the Plaintiff because:
! Breach of Warranty. The Defendant made:
! an oral warranty
! a written warranty
! an implied warranty
that ! would
The ! has failed to live up to the warranty representation by the Defendant because: !
The Plaintiff has notified the Defendant of this breach of warranty by !. The Defendant has refused to repair, replace or refund the cost for the !.
! Statutory Right. The law provides the Plaintiff with the right to !
The Defendant has violated that right of the Plaintiff by !
Enter an X if the Plaintiff's claim is based on breach of contract by Defendant.
Enter an X if the contract between the Plaintiff and Defendant was oral. In other words, the parties made an oral agreement.
Enter an X if the contract between the parties was written, whether signed or unsigned.
Enter an X if the contract between the parties was neither written nor oral, but was implied from conduct or circumstances. An implied contact is not created or evidenced by the explicit agreement of the parties, but is inferred from their conduct and the surrounding circumstances.
Enter a brief description of what each party to the contract was expected to do.
Every contract must include an exchange of something valuable ("consideration") by each party. Therefore, the promise to make a gift is usually not enforceable. Enter an X if the "consideration" for the contract was mutual promises of the parties (a promise for a promise).
Enter a description of the mutual promises. For example, "Plaintiff promised to mow Defendant's lawn and Defendant promised to pay Plaintiff $10."
Enter an X if the "consideration" for the contract was something other than mutual promises. For example, the Plaintiff conveyed a vehicle to the Defendant and the Defendant promised to pay the Plaintiff $5,000.00 after one week (an item for a promise).
Enter a description of the "consideration" for the contract given by each party.
Enter an X to describe how the Defendant breached the contract.
Describe how the Defendant breached the contract. For example, "Defendant promised to pay Plaintiff $10 if Plaintiff mowed Defendant's lawn, but Defendant refused to pay after Plaintiff performed the job."
Enter an X if the Plaintiff's claim is based on Defendant's negligence. If selected, all four parts of this section must be completed.
Describe the duty that the Defendant owed to the Plaintiff by completing the sentence. For example, ...by "keeping his vehicle to the right of the center line of the highway."
Describe how the Defendant breached the duty by completing the sentence.
Describe how the Defendant's negligence caused the Plaintiff's damages by completing the sentence.
Enter an X if the Plaintiff's own conduct (in addition to the Defendant's negligence) contributed to the damages suffered by the Plaintiff. If the Plaintiff was less than 51% at fault, the Plaintiff may still be able to recover damages from the Defendant. Press [Ctrl+F1] for more information.
Describe the Plaintiff's conduct by completing the sentence.
Enter an X if Defendant's conduct alone caused the damages.
Enter an X if the Defendant acted intentionally to cause injury or loss to the Plaintiff.
Complete the sentence by describing the Defendant's intentional actions which caused the damages.
Enter an X if the Defendant's product was defective and caused injury or loss to the Plaintiff.
Enter an X if the Defendant sold but did not manufacture the defective product.
Enter an X if the Defendant manufactured but did not sell the defective product.
Enter an X if the Defendant both manufactured and sold the defective product.
Describe the defective product.
Describe how the product was defective by completing the sentence.
Enter an X if the defective product caused bodily injury to the Plaintiff but no property damage.
Enter an X if the defective product caused property damage or loss to the Plaintiff, but no bodily injury.
Enter an X if the defective product caused both bodily injury and property damage to the Plaintiff.
Describe how the defective product caused the injury or property damage to the Plaintiff by completing the sentence.
Enter an X if the Plaintiff's claim results from a breach of warranty of a product/service sold by the Defendant.
Enter an X if the Defendant made an oral warranty of the product/service.
Enter an X if the Defendant provided a written warranty of the product/service.
Enter an X if the Defendant provided neither an oral nor written warranty, but gave an implied warranty (e.g., "fitness for a particular purpose" or "general warranty of merchantability").
Describe the product or service sold by the Defendant.
Describe the product/service warranty provided by the Defendant by completing the sentence.
The program completes this information by transferring the information from above. You may modify the information only by returning to that section.
Describe how the product/service failed to meet the warranty representations of the Defendant by completing the sentence.
Enter an X if the Plaintiff has notified the Defendant regarding the breach of warranty.
Describe how and when the Plaintiff notified the Defendant by completing the sentence.
Enter an X if the Defendant has violated a statutory right of the Plaintiff.
Enter a description of the Plaintiff's statutory right by completing the sentence.
Describe how the Defendant violated the Plaintiff's statutory right by completing the sentence.
! Procedure Section (6 of 17)
PROCEDURE
1. Where to File. The event which gave rise to this claim occurred in ! County, !.
The Defendant lives/operates a business in ! County, !.
The claim should be filed in ! County, !.
! The Small Claims Court Clerk's office is located at:
Street: !
City: !
2. Obtain Forms. The Plaintiff should obtain the necessary forms from the court clerk, and take the appropriate steps, which may include:
! - Complaint.
! - Pay filing fee.
! - Verification of Account.
! - Affidavit of Military Status.
! - Service of process:
! - Certified mail.
! - Pay fee of $!.
! - Delivery by Sheriff.
! - Pay fee of $!.
! - Delivery by Private Process Server.
! - Name: !
! - Pay fee of $!.
! - Garnishment/Execution forms.
! - Witness subpoena.
! - Pay fee of $!.
! - Other:
! - Documents to attach.
! - Date assigned for Hearing/Trial: !
3. Follow-Up. Plaintiff should contact the clerk on or about ! to verify that:
! - the Defendant received notice.
! - the Defendant has not successfully opposed the scheduled hearing date.
! - each involuntary witness has received a subpoena.
Enter the name of the County in which the act or event occurred which gave rise to the claim. Press [Ctrl+F1] for more information.
Enter the name of the state in which the act or event occurred which gave rise to the claim. Press [Ctrl+F1] for more information.
Enter the name of the County in which Defendant lives or operates a business, whichever is relevant for this claim. Press [Ctrl+F1] for more information.
Enter the name of the state in which Defendant lives or operates a business, whichever is relevant for this claim. Press [Ctrl+F1] for more information.
Based on the previous entries, enter the name of the County in which the claim should be filed. Press [Ctrl+F1] for more information.
Based on the previous entries, enter the name of the state in which the claim should be filed. Press [Ctrl+F1] for more information.
Enter an X to provide the address of the small claims court clerk's office.
Enter the street address of the small claims court clerk's office.
Enter the city of the small claims court clerk's office.
Enter an X as a reminder to obtain a complaint form. Press [Ctrl+F1] for more information.
Enter an X as a reminder to pay the filing fee to the clerk's office.
Enter an X as a reminder to obtain a Verification of Account (or similar form), if appropriate.
Enter an X as a reminder to obtain an Affidavit of Military Status form. Press [Ctrl+F1] for more information.
Enter an X as a reminder to choose a method of service. This is the method by which the Defendant will be advised of the lawsuit. Press [Ctrl+F1] for more information.
Enter an X if the Defendant will be notified by certified mail.
Enter an X as a reminder to pay the fee to the court clerk for certified mail.
Enter the amount of the certified mailing fee.
Enter an X if the Defendant will be notified by the Sheriff.
Enter an X as a reminder to pay the fee to the court clerk for delivery by the Sheriff.
Enter the amount of the fee to have the Sheriff serve the papers on the Defendant.
Enter an X if the Defendant will be notified by using a private "process server".
Enter an X to include the name of a private process server.
Enter the name of the private process server.
Enter an X as a reminder to pay the fee to the private process server.
Enter the amount of the private process server's fee.
Enter an X to include a reminder to obtain "garnishment" and "execution" forms. Press [Ctrl+F1] for more information.
Enter an X to include a reminder to obtain witness subpoena forms from the court clerk. Press [Ctrl+F1] for more information.
Enter an X to include a reminder to pay the court clerk the witness subpoena fee.
Enter the amount of the witness subpoena fee.
Enter an X to include a reminder to obtain other forms from the court clerk.
Describe the additional form(s) to be obtained from the court clerk. Press [Ctrl+F1] for more information.
Enter an X to include a reminder to attach documents, as required, to the complaint form when it is filed with the court clerk. Press [Ctrl+F1] for more information.
Enter an X to include a reminder to record the date that the court clerk assigns for the hearing/trial.
Using the format MM/DD/YYYY, enter the date of the hearing/trial or edit the information as desired. Press [Ctrl+F1] for more information.
Using the format MM/DD/YYYY, enter the date on which the Plaintiff will contact the clerk to verify that all necessary steps have been taken prior to the hearing or edit the information as desired.
Enter an X to include a reminder to verify that the Defendant received notice within the proper time frame. Press [Ctrl+F1] for more information.
Enter an X to include a reminder to verify that the Defendant has not requested and/or received a rescheduled hearing date. Press [Ctrl+F1] for more information.
Enter an X to include a reminder to verify that involuntary witnesses have received their subpoena prior to the hearing/trial. Press [Ctrl+F1] for more information.
! Optional Case Preparation Section (7 of 17)
CASE PREPARATION
! Outline of the Case.
! Introduction.
Body.
Evidence.
! Witnesses: !
! Affidavits: !
! Documents: !
! Photographs: !
! Physical items: !
Legal doctrine.
Conclusion.
! Summary of the facts:
Basis of liability:
Amount of the claim:
Costs:
Evidence Gathering.
! Cooperative Witness 1: !
! What the witness can offer:
! Contacted on: !
! Discussion held with witness:
! Scheduled to testify: !
Cooperative Witness 2: !
! What the witness can offer:
! Contacted on: !
! Discussion held with witness:
! Scheduled to testify: !
Cooperative Witness 3: !
! What the witness can offer:
! Contacted on: !
! Discussion held with witness:
! Scheduled to testify: !
Uncooperative Witness 1: !
! What the witness can offer: !
! Witness refused to appear voluntarily when contacted on:
! Subpoena form completed on: !
! Subpoena served on: !
! Witness fee: $!
! Scheduled to testify: !
Uncooperative Witness 2: !
! What the witness can offer: !
! Witness refused to appear voluntarily when contacted on:
! Subpoena form completed on: !
! Subpoena served on: !
! Witness fee: $!
! Scheduled to testify: !
Affidavit from: !
! What fact(s) this evidence will supply:
! Obtained on !
! Scheduled to introduce: !
Subpoena of Document: !
! What fact(s) this evidence will supply:
! Obtained on !
! Scheduled to introduce: !
! Cost to obtain: $!
Document in Plaintiff's possession:
! What fact(s) this evidence will supply:
! Scheduled to introduce: !
Physical Object: !
! What fact(s) this evidence will supply:
! Obtained on !
! Scheduled to introduce !
Other: !
! What fact(s) this evidence will supply:
! Obtained on !
! Scheduled to introduce !
Other: !
! What fact(s) this evidence will supply:
! Obtained on !
! Scheduled to introduce !
Legal Research.
! Defendant's liability is based on:
The legal support for this liability is:
Plaintiff's non-liability is based on:
The legal support for this non-liability is:
The claim for damages includes:
The legal support for including this element of damages is:
Enter an X to include a section that assists the user in preparing the case for the hearing. Press [Ctrl+F1] for more information.
Enter an X to include a section outlining the case, as it will be presented at the hearing.
Enter an X to include a section outlining the introduction to the case presentation. Press [Ctrl+F1] for more information.
List the topics that will be included in introducing the case to the Judge. For example, an introduction of the Plaintiff, brief background, events leading up to the claim, etc.
Enter an X to include a section outlining the body of the case presentation to the Judge.
Provide an outline of the facts as they will be presented to the Judge. The events should usually be described chronologically, the facts should be kept simple, and the presentation should be made in a way that always considers the facts from the Judge's perspective.
Enter an X to include a section outlining the evidence that will be presented to the Judge. Press [Ctrl+F1] for more information.
Enter an X if the presentation will include at least one witness.
List the name(s) of the witness(es) that will be included in the presentation.
Enter an X if the presentation will include at least one affidavit.
List the affidavit(s) that will be included in the presentation.
Enter an X if the presentation will include at least one document.
List the document(s) that will be included in the presentation.
Enter an X if the presentation will include at least one photograph.
Describe the photograph(s) that will be included in the presentation.
Enter an X if the presentation will include at least one physical item.
Describe the physical item(s) that will be included in the presentation.
Enter an X to include a section outlining the legal doctrine that will be presented to the Judge at the hearing.
Describe the legal theory/doctrine which will be relied upon at the hearing.
Enter an X to include a section outlining the conclusion to the case presentation to the Judge. Press [Ctrl+F1] for more information.
Enter an X to include a summary of the facts.
Outline a brief summary of the facts.
Enter an X to include a summary of why the Defendant is liable.
Briefly describe the liability of the Defendant.
Enter an X to include a review of the total amount of the claim.
Describe the elements that make up the total claim.
Enter an X to include a reminder to request court costs.
List the court costs incurred to date in bringing the lawsuit. Press [Ctrl+F1] for more information.
Enter an X to include a section describing evidence that will be gathered in preparation for the court presentation.
Enter an X to include a section describing a witness who will voluntarily attend the hearing and testify for the Plaintiff. Press [Ctrl+F1] for more information.
Enter the name of the witness or use the P.I. Manager to select and paste a record.
Enter an X to include a description of what the witness will testify about.
Describe what the witness will testify about.
Enter an X to include a date on which the witness was contacted and requested to appear.
Using the format MM/DD/YYYY, enter the date when the witness was contacted or edit the information as desired.
Enter an X to include information about a discussion held with the witness in preparing for the hearing.
Describe any relevant information with respect to this witness. For example, list the strengths and weaknesses of this witness and the areas in which this witness can supply favorable and/or unfavorable testimony.
Enter an X to include a time when the witness should testify.
Describe when the witness will testify.
Enter an X to include a section describing another witness who will voluntarily attend the hearing and testify for the Plaintiff. Press [Ctrl+F1] for more information.
Enter an X to include a section describing a witness who must be subpoenaed in order to appear at the hearing and testify for the Plaintiff. Press [Ctrl+F1] for more information.
Enter the name of the witness to be subpoenaed.
Enter an X to include information describing the unsuccessful request for the witness to appear voluntarily at the hearing.
Enter an X to include information about the subpoena form for this witness.
Using the format MM/DD/YYYY, enter the date when the subpoena form was submitted to the clerk's office or edit the information as desired.
Enter an X to include information regarding when the subpoena was served on the witness.
Using the format MM/DD/YYYY, enter the date when the subpoena was served or edit the information as desired.
Enter an X to include information regarding the witness fee to be paid to the subpoenaed witness. If the Judge decides that the subpoenaed witness supplies important information at the hearing, the witness fee may be added to "court costs".
Enter the amount of the witness fee.
Enter a description of when the witness will testify.
Enter an X to include a section describing another witness who must be subpoenaed in order to appear at the hearing and testify for the Plaintiff. Press [Ctrl+F1] for more information.
Enter an X to include a section describing an affidavit that will be used as evidence in court. Press [Ctrl+F1] for more information.
Enter the name of the person who will sign the affidavit.
Enter an X to include information regarding the content of the affidavit.
Describe the evidence that will be supplied by the affidavit.
Enter an X to include information describing when the affidavit was obtained.
Using the format MM/DD/YYYY, enter the date on which the affidavit was obtained or edit the information as desired.
Enter an X to include a time when the affidavit will be introduced at the hearing.
Describe when the affidavit will be introduced at the hearing.
Enter an X to include a section describing a document that must be subpoenaed in order to obtain it for the hearing.
Describe the document to be subpoenaed for the hearing.
Enter an X to include information describing what facts the document will supply.
Describe what the document will supply for the hearing.
Enter an X to include information describing when the document was/will be obtained.
Using the format MM/DD/YYYY, enter the date when the document was/will be obtained or edit the information as desired.
Enter an X to include a time when the document will be introduced at the hearing.
Describe when the document will be introduced at the hearing.
Enter an X to include information regarding the cost of subpoenaing the document.
Enter the costs incurred by the Plaintiff in obtaining the document.
Enter an X to include a section describing a document already held by the Plaintiff, which will be introduced as evidence in court.
Describe the document.
Enter an X to include a section describing a physical object that will be introduced as evidence in court.
Describe the physical object.
Enter an X to include information describing what facts the object will supply or support.
Describe how the physical object will be useful.
Enter an X to include information describing how the physical object was/will be obtained.
Describe when and how the physical object was obtained.
Enter an X to include a time when the object will be introduced at the hearing.
Describe when the object will be introduced at the hearing.
Enter an X to a section describing another piece of evidence that will be introduced at the hearing.
Describe the evidence.
Enter an X to include information describing what facts the evidence will supply or support.
Describe how the evidence will be useful at the hearing.
Enter an X to include information describing how the evidence was/will be obtained.
Describe when and how the evidence was obtained.
Enter an X to include a time when the evidence will be introduced at the hearing.
Describe when the evidence will be introduced at the hearing.
Enter an X to include a section describing another piece of evidence that will be introduced at the hearing.
Enter an X to include a section describing legal research to be carried out by the Plaintiff and used for the hearing. Press [Ctrl+F1] for more information.
Enter an X to include information describing legal research regarding the Defendant's liability.
Describe the legal theory which supports the Plaintiff's position that the Defendant was liable. For example, "The Defendant was negligent in causing the crash because reaching down to the car floor constitutes a failure to maintain a safe outlook for other moving vehicles".
Describe the legal support for this theory. For example, "The Iowa Supreme Court found this type of conduct to be unreasonable in the 1994 case of Smith v. Jones, which is reported at 999 N.W.2d 999".
Enter an X to include information describing legal research regarding why the Plaintiff's conduct did not contribute to the damages.
Describe the legal theory which supports the Plaintiff's position that the Plaintiff's conduct did not legally contribute to the damages. For example, "The Plaintiff is not required to slow down when crossing an intersection on a green light".
Describe the legal support for this theory. For example, "The Iowa Supreme Court endorsed this legal theory in the 1994 case of Smith v. Jones, which is reported at 999 N.W.2d 999".
Enter an X to include information describing legal research regarding why the Plaintiff can include certain damages in the claim. Press [Ctrl+F1] for more information.
Describe the legal theory which supports the Plaintiff's claim for damages. For example, "The Plaintiff is entitled to recover for "loss of use" of his truck because the Plaintiff could not earn hauling revenue from the truck for ten days while it was being repaired".
! Optional Final Checklist Prior to Hearing Section (8 of 17)
FINAL CHECKLIST PRIOR TO HEARING
Completed
__________ Has the Defendant been notified for the required number of days before the hearing?
__________ Does each witness know of the time and place to appear?
__________ Has each uncooperative witness received a subpoena?
__________ Has the court clerk been notified that the Plaintiff wishes to have a court reporter or have the proceedings taped (if desired)?
__________ Is the evidence prepared and ready? Have copies been made for the Plaintiff to retain?
__________ Is the Plaintiff familiar with the courtroom?
Will the Plaintiff remember each of the following items when the case is called?
__________ Dress neatly.
__________ Be prepared.
__________ Approach the front of the courtroom and tell the Judge that the Plaintiff is present.
__________ Ask the Judge for a court reporter or to have the proceedings taped, if necessary.
__________ Address the judge as "Judge" or "Your Honor".
__________ Stand while talking to the Judge.
__________ Introduce self.
__________ Be polite at all times; address the Defendant as Mr. (Smith) or Ms. (Jones).
__________ Listen to the Judge; never interrupt when the Judge or another party is speaking.
__________ Act natural; don't attempt to act like a lawyer.
__________ Use the outline only; do not read the story.
__________ Keep the story short and simple without ignoring important facts.
__________ Speak only to the Judge; never argue with the Defendant or the witnesses.
__________ Consider everything from the Judge's perspective.
__________ Call the witnesses; present the evidence.
__________ Question the Defendant or the Defendant's witnesses.
Enter an X to include a section which provides a final checklist that can be used prior to the hearing. It can be printed so that the questions can be marked "yes" or "no" as they are completed. Press [Ctrl+F1] for more information.
! Optional Pre-Hearing Settlement Section (9 of 17)
PRE-HEARING SETTLEMENT
! - Obtain a settlement form from clerk.
! - Both parties must sign the form.
! - Give the Settlement Agreement to the Judge at the hearing.
! - The Judge will accept the Settlement and may enter an enforceable judgment accordingly.
Enter an X to include a section that provides the procedure that can be used if the parties reach a settlement before the hearing. Press [Ctrl+F1] for more information.
Enter an X to include a reminder to obtain a settlement form from the small claims court clerk.
Enter an X to include a reminder to have both parties sign the settlement form.
Enter an X to include a reminder to give the settlement agreement to the Judge at the hearing.
Enter an X to include a reminder that the Judge will accept the settlement at the time of the hearing and enter an enforceable judgment, if appropriate.
! Optional Defendant Response Section (10 of 17)
DEFENDANT RESPONSE
! Initial Response.
! Defendant received notice on: !
! Amount of money/property claimed is: !
! Date, time of court hearing is: !, !
! - This date is unreasonably inconvenient because
! - Request for change made to clerk on: !
! Written "answer" (if required) filed on: !
! - All claims to be disputed at the hearing have been denied.
! Settlement attempted on: !
Results:
Anticipated Defense.
! Dollar claim is exaggerated because:
Claim is not valid because:
! - No liability because:
! - Comparative Fault. The Defendant does not owe the Plaintiff because the Plaintiff was responsible for
and the Plaintiff is more than !% at fault.
! - Counterclaim. Plaintiff owes the Defendant $! because:
! - Cross Claim. Defendant does not owe Plaintiff because
! is responsible for $! of the loss because:
Other:
! - The Claim was filed beyond the applicable statute of limitations.
! - The Claim was filed in the wrong court because:
! - Other reason:
Jury. Jury trial requested (where available).
Default.
The Defendant has failed to appear at the hearing because the Defendant:
! - Failed to receive proper notice:
! - Other:
! - The default judgment entered against the Defendant should be set aside because:
! - The Plaintiff failed to appear at the hearing. The case should be dismissed and the Plaintiff should be prevented from refiling the case a second time.
Enter an X to include a section that provides information for use by the Defendant. Press [Ctrl+F1] for more information.
Enter an X to include a section regarding how the Defendant will make an initial response after learning that he/she has been sued in small claims court.
Enter an X to include information regarding the notice received by the Defendant.
Using the format MM/DD/YYYY, enter the date on which the Defendant received formal notice of the lawsuit or edit the information as desired.
Enter an X to include information regarding the amount claimed in the lawsuit.
Enter the amount.
Enter an X to include information regarding the date and time of the court hearing.
Using the format MM/DD/YYYY, enter the date of the scheduled court hearing or edit the information as desired.
Enter the time of the scheduled court hearing.
Enter an X if the Defendant will attempt to convince the court that the hearing date is "unreasonably inconvenient".
Describe why the scheduled hearing date is "unreasonably inconvenient" for the Defendant.
Enter an X to record information describing a request to the clerk to have the date changed.
Using the format MM/DD/YYYY, enter the date when the Defendant has or will contact(ed) the clerk or edit the information as desired.
Enter an X to include information describing when a written "answer" (if required) was filed with the clerk. Press [Ctrl+F1] for more information.
Using the format MM/DD/YYYY, enter the date on which a written answer was filed or edit the information as desired.
Enter an X to include a reminder that all claims that will be disputed at the hearing must be denied in the "answer".
Enter an X if a settlement attempt was made with the Plaintiff.
Using the format MM/DD/YYYY, enter the date on which a settlement was attempted or edit the information as desired.
Describe the results of the attempted settlement with the Plaintiff.
Enter an X to include a section describing the anticipated defense(s) that the Defendant will raise in an attempt to refute the claims made by the Plaintiff. Press [Ctrl+F1] for more information.
Enter an X to include a defense that the amount claimed by the Plaintiff is too high.
Describe why the amount claimed by the Plaintiff is too high.
Enter an X to include a section describing why the claim made by the Plaintiff is not owed at all. Press [Ctrl+F1] for more information.
Enter an X if the Defendant simply does not owe the Plaintiff on the claim. For example, "The Defendant owed no duty to the Plaintiff", or "The Plaintiff has suffered no loss". Press [Ctrl+F1] for more information.
Describe the reasons why the Defendant does not owe the Plaintiff.
Enter an X if the Plaintiff was partially responsible for the loss and the state has adopted some form of "comparative fault" law. For example, in some states, if the Plaintiff is more than 51% at fault, the Plaintiff can recover nothing from the Defendant. Press [Ctrl+F1] for more information.
Describe how the Plaintiff contributed to the Plaintiff's own damages.
Enter the estimated percentage of total fault that should be attributed to the Plaintiff in causing the Plaintiff's damages. The Defendant will be required to explain this allegation at the hearing.
Enter an X if the Plaintiff owes the Defendant certain amounts, arising out of the same set of facts, which amounts should offset the claim made by the Plaintiff.
Enter the amount that the Plaintiff owes the Defendant.
Describe the reasons that the Plaintiff owes the Defendant.
Enter an X if the Plaintiff's damages were caused, in whole or in part, by a party other than the Defendant. Press [Ctrl+F1] for more information.
Enter the name of the party who is responsible for some portion of the Plaintiff's damages.
Enter the amount of the Plaintiff's damages that should be the responsibility of another party.
Describe the reasons why the other party is responsible for the Plaintiff's loss.
Enter an X if the Defendant has another defense against the claim made by the Plaintiff.
Enter an X if the Plaintiff waited too long to file the claim. Press [Ctrl+F1] for more information.
Enter an X if the Plaintiff chose an improper court in which to file the claim against the Defendant. Press [Ctrl+F1] for more information.
Describe the reason that the Defendant cannot be sued in the court chosen by the Plaintiff.
Enter an X to describe another reason why the lawsuit should be dismissed, or why the Plaintiff should lose.
Describe why the Plaintiff should lose.
Enter an X if the Defendant will ask for a jury trial. Press [Ctrl+F1] for more information.
Enter an X to include a section which describes what should happen if one of the parties does not appear at the hearing.
Enter an X if the Defendant failed to appear but now offers a very good excuse for that absence.
Enter an X if the Defendant failed to appear because the Defendant did not receive the proper notice of the lawsuit. Press [Ctrl+F1] for more information.
Describe any facts regarding notice to the Defendant.
Enter an X to include a section describing another very good reason why the Defendant failed to appear at the hearing.
Describe the reason that the Defendant failed to appear.
Enter an X to include a section describing why the judgment against the Defendant should be "set aside". The reason may be one of the reasons set out above, or an additional or substitute reason.
Enter the reason why the judgment should be set aside. For example, the Defendant did not receive the proper notice.
Enter an X to include a request that the case be dismissed because the Plaintiff failed to appear at the hearing. Press [Ctrl+F1] for more information.
! Optional Appeal Section (11 of 17)
APPEAL
! The Judge's decision was wrong because the Judge applied the law wrong:
The appealing party filed notice of the appeal on ! which is within the prescribed ! days following the court decision.
The court fee for the appeal is $!.
The appealing party:
! Requests to be allowed to present an oral argument (where allowed).
! Has attached:
! - a fair and accurate summary of the evidence heard by the Small Claims Court (where required/allowed).
! - a short statement describing how the Judge erred in applying the law.
! - an explanation to the appellate Judge of the relief that the appealing party is entitled to.
The appealing party has filed an appeal bond with the clerk of the appellate court to prevent the successful party from attempting to collect during the pendency of the appeal.
Enter an X to include a section regarding the appeal of an unfavorable court decision. Press [Ctrl+F1] for more information.
Enter an X to include information regarding why the Judge's decision was wrong. Typically, an appeal can only be taken if the Judge applied the LAW wrong. The loosing party is usually prohibited from appealing the Judge's decision regarding the FACTS.
Describe how the Judge made an error in applying the law.
Enter an X to include information regarding the deadlines for filing an appeal.
Using the format MM/DD/YYYY, enter the date on which the appeal was/will be filed or edit the information as desired.
Enter the number of days allowed by state law within which an appeal can be filed.
Enter an X to include information regarding the fee for an appeal.
Enter the amount of the appeal fee which is paid to the clerk.
Enter an X to include information describing the mandatory and/or optional procedures that will be taken by the appealing party. Ask the court clerk for the specific requirements of the court.
Enter an X if the appealing party will request permission to present an oral argument to the "appellate court".
Enter an X if the appealing party will attach one or more documents to the appeal form.
Enter an X if the appealing party will submit a summary of the evidence.
Enter an X if the appealing party will submit to the appellate Judge an explanation of how the hearing Judge erred in applying the law.
Enter an X if the appealing party will submit an explanation of the relief demanded. For example, the Plaintiff will probably request that judgment be entered against the Defendant for the amount of the claim plus court costs.
Enter an X if the appealing party will file an appeal bond so that the successful party cannot try to collect the judgment during the appeal.
! Optional Satisfaction of Judgment Section (12 of 17)
SATISFACTION OF JUDGMENT
! The Judgment Debtor has fully satisfied the judgment.
The Judgment Creditor signs and files a Satisfaction of Judgment form.
Enter an X to include a section which describes the steps taken when the losing party pays the full amount of the judgment. Press [Ctrl+F1] for more information.
Enter an X to indicate that the "Judgment Debtor" has paid the full amount of the judgment.
Enter an X to include a reminder that the "Judgment Creditor" must sign a Satisfaction of Judgment form and file it with the court clerk.
! Optional Post Judgment Collection Section (13 of 17)
POST JUDGMENT COLLECTION
! The Judgment Debtor has failed to pay the judgment within ! days after the due date.
The Judgment Creditor has contacted the Judgment Debtor, in an attempt to collect the judgment, on: !.
Response: !.
The Judgment Creditor believes that there are assets or income of debtor which are available to satisfy the judgment.
The Judgment Creditor chooses not to wait.
Enter an X to include a section which assists the Judgment Creditor in deciding whether to begin post-judgment collection procedures. Press [Ctrl+F1] for more information.
Enter an X if the Judgment Creditor has waited the prescribed number of days after the judgment was entered.
Enter the number of days that state law provides to the Judgment Debtor for deciding whether to appeal. Normally, the Judgment Creditor cannot begin collection procedures against the Debtor until the time period for appeal has expired. Press [Ctrl+F1] for more information.
Enter an X to indicate that the Judgment Creditor has asked the Judgment Debtor to pay the judgment voluntarily. Press [Ctrl+F1] for more information.
Using the format MM/DD/YYYY, enter the date on which the Judgment Creditor contacted the Judgment Debtor asking for payment or edit the information as desired.
Enter the response given by the Judgment Debtor.
Enter an X if the Judgment Creditor believes that the Judgment Debtor has assets or income which can be obtained. Press [Ctrl+F1] for more information.
Enter an X if the Judgment Creditor has decided to begin active collection measures, rather than to wait. Press [Ctrl+F1] for more information.
! Optional Execution Section (14 of 17)
EXECUTION
! The Creditor has identified the following asset(s) of the Debtor:
! Vehicle - describe: !
! Estimated public auction proceeds: $!
! Estimated expenses of sale: $!
! Debts against the asset: $!
! Exempt amount: $!
Expected Recovery: $!
! Appliance - describe: !
! Estimated public auction proceeds: $!
! Estimated expenses of sale: $!
! Debts against the asset: $!
! Exempt amount: $!
Expected Recovery: $!
! Other personal property: !
! Estimated public auction proceeds: $!
! Estimated expenses of sale: $!
! Debts against the asset: $!
! Exempt amount: $!
Expected Recovery: $!
Total Recovery: $!
! Obtain form(s) for execution from clerk.
Secure bond, if required.
Pay fees, if any.
Transcribe judgment to a another county where asset is located, if required.
! - Contact clerk for forms and procedures.
Creditor has identified land owned by debtor.
! - Describe:
! - Contact an attorney for assistance.
Enter an X to include a section that will assist the Judgment Creditor in forcing a sale of one or more assets owned by the Judgment Debtor, with the proceeds to be applied to the judgment. Press [Ctrl+F1] for more information.
Enter an X if the Creditor knows of certain assets owned by the Debtor which could be sold to satisfy the judgment.
Enter an X if the Creditor has identified a vehicle which is owned by the Debtor.
Describe the vehicle to be sold. For example, "1981 Oldsmobile Toronado, camel color".
Enter an X to include an estimate of the selling price of the asset at public auction.
Enter the dollar amount of the expected selling price.
Enter an X to include an estimate of the expenses that will be incurred in selling the asset at public auction.
Enter the dollar amount of the expected selling expenses.
Enter an X to include known debts against the asset. For example, the Debtor's bank may have loaned money for the purchase of the asset, which must be repaid upon the sale of the asset. Press [Ctrl+F1] for more information.
Enter the dollar amount of the debt against the asset.
Enter an X if a portion of the equity in the asset is exempt from creditors by state or federal law. Press [Ctrl+F1] for more information.
Enter the dollar amount of the exemption.
The program completes this field by subtracting expenses, debts, and exempt amounts from the estimated selling price of the asset. You may modify the information only by returning to the various dollar amounts entered in this section.
Enter an X if the Creditor has identified an appliance or other household item which is owned by the Debtor.
Describe the item to be sold. For example, "Whirlpool side-by-side refrigerator, Model VXR1697, white color".
Enter an X if the Creditor has identified another item of personal property which is owned by the Debtor.
Describe the item to be sold. For example, "1987 John Deere snowmobile, Model 5000XL".
The program completes this field by adding together the expected individual net recovery amounts of the assets listed in this section. You may modify the total only by returning to the individual asset sections.
Enter an X as a reminder to obtain the necessary forms for execution from the court clerk.
Enter an X as a reminder that it may be necessary to obtain a bond in order to execute on certain types of property. This is to protect the sheriff and/or the Creditor from wrongful sale and/or damage to property. Press [Ctrl+F1] for more information.
Enter an X as a reminder that it may be necessary to pay court costs, specifically fees to the sheriff, to execute on assets.
Enter an X as a reminder that it may be necessary in certain instances to "transcribe" the judgment to another County where the asset is located. Contact the court clerk for more information.
Enter an X as a reminder to obtain the forms from the court clerk in order to execute on assets found in a different County.
Enter an X if the Creditor knows of real estate owned by the Debtor which could be sold to satisfy the judgment.
Enter an X to include a brief description of the land.
Briefly describe the land identified. For example, "Lot 2, Smith's First Addition to Hiawatha, Iowa".
Enter an X as a reminder that it will probably be necessary to contact an attorney for assistance in executing on real estate owned by the Debtor.
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! Optional Garnishment Section (15 of 17)
GARNISHMENT
! Creditor has identified a bank where the Debtor owns one or more accounts:
Account Holder: !
Name of Banking Institution: !
Address: !
City: !,
State: !
Zip Code: !
Account Type:
! Checking
! Savings
! Any Account(s) held by this Debtor in this banking institution.
Account Number(s): !
Creditor has identified an employer of the debtor.
Name of employer: !
Address 1: !
Address 2: !
City: !,
State: !
Zip Code: !
Obtain garnishment forms from Clerk.
Fees paid $!.
Post bond, if necessary.
Bank Account or Employer identified is located in a county other than where the judgment was entered.
! - Contact clerk to obtain forms, procedures.
! - Transcribe judgment, if necessary.
! - Contact clerk where garnishment is to be made.
! - Contact an attorney for assistance.
Enter an X to include a section that will assist the Judgment Creditor in garnishing assets or payments owed to the Debtor by a third party. For example, banks accounts and wages. Press [Ctrl+F1] for more information.
Enter an X if the Creditor knows of a bank where the Debtor has deposited money.
Enter the name(s) of the depositor(s) for the bank account. For example, a checking account may be listed in the name of the Debtor and his/her spouse. This information may be obtained from a check given to the Creditor by the Debtor in the past. If this is not known, list the Debtor's name alone.
Enter the name of the banking institution where the account is located.
Enter the address of the banking institution.
Enter the city of the banking institution.
Enter the state of the banking institution.
Enter the zip/postal code of the banking institution.
Enter an X if the account is a checking account.
Enter an X if the account is a savings account.
Enter an X to instruct the sheriff to execute on any account(s) owned by the Debtor in the banking institution. Where allowed, this choice is usually preferred, instead of restricting the execution to a single account.
Enter the account number(s) of the bank account(s), if known.
Enter an X if the Creditor knows where the Debtor works, and the Creditor would like to garnish the Debtor's wages.
Enter the name of the employer.
Enter the address of the employer.
Enter the extended address of the employer.
Enter the city of the employer.
Enter the state of the employer.
Enter the zip/postal code of the employer.
Enter an X if garnishment forms must be obtained from the court clerk.
Enter an X as a reminder that fees may need to be paid to the court clerk and/or the sheriff in order to make the garnishment.
Enter the amount of fees to be paid in connection with the garnishment. These fees may be recoverable from the Debtor as "court costs".
Enter an X as a reminder that it may be necessary to post bond in connection with the garnishment. Check with the court clerk for specific details.
Enter an X if the bank account or employer is located in another County.
Enter an X as a reminder to ask the court clerk for any special forms and/or procedures necessary to serve a garnishment on a third party located in another County.
Enter an X if it will be necessary to transcribe the judgment to the other County. Contact the court clerk for more information.
Enter an X if it will be necessary to contact the court clerk in the County where the third party is located.
Enter an X as a reminder that it may be necessary to contact an attorney for assistance in the garnishment procedures.
! Optional Judgment Debtor's Examination Section (16 of 17)
JUDGMENT DEBTOR'S EXAMINATION
! On !, judgment in the amount of $!, plus interest at the rate of !% per annum thereon from and after !, and court costs in the amount of $!, was entered against the Debtor.
Subsequently, a Writ of Execution was issued against assets of the Debtor, which Writ was returned unsatisfied on !.
Obtain forms from clerk.
Make arrangements with the court clerk for a time and place where the Debtor must appear to answer questions.
Date: !
Time: !
Place: !
Prepare a list of questions to be asked of the Debtor that will help satisfy the judgment.
Send a copy of the questions to the Debtor, along with instructions regarding where and when Debtor is to appear to answer the questions.
The creditor should keep a copy of the questions. Provide the Clerk with a copy.
Request that the clerk issue a subpoena to the Debtor to insure that the Debtor will appear.
! - Pay fee to have Sheriff serve subpoena, if desired.
! - If Debtor fails to answer questions, request a court order requiring Debtor to answer.
Enter an X to include a section that will assist the Judgment Creditor in conducting a "Judgment Debtor's Examination". This can be used by the Judgment Creditor if the Judgment Creditor has tried unsuccessfully to find the Jugdment Debtor's assets or income. Press [Ctrl+F1] for more information.
Enter an X to include a section describing the judgment that was entered in favor of the Plaintiff/Creditor.
Using the format MM/DD/YYYY, enter the date on which the judgment was entered or edit the information as desired.
Enter the amount of the judgment awarded.
Enter the interest rate to be assessed on the judgment. Enter "0" if interest was not awarded by the court.
Using the format MM/DD/YYYY, enter the date on which interest will begin to accrue, as provided in the judge's order or edit the information as desired. This date is often the date on which the suit was filed, or, in some cases, the date on which the judgment was entered.
Enter the amount of court costs awarded by the Judge.
Enter an X if the Creditor has unsuccessfully tried to have one or more of the Debtor's assets sold or the Debtor's income or accounts garnished.
Using the format MM/DD/YYYY, enter the date on which the Sheriff informed the Creditor that the execution or garnishment would not satisfy the judgment or edit the information as desired.
Enter an X as a reminder to obtain forms from the clerk to be used to schedule and conduct a "Judgment Debtor's Examination".
Enter an X as a reminder to obtain from the court clerk a time and place where the examination will be held.
Using the format MM/DD/YYYY, enter the date assigned by the court clerk or edit the information as desired.
Enter the time assigned by the court clerk.
Enter the place assigned by the court clerk.
Enter an X as a reminder to prepare a list of questions and document demands that the Debtor will be required to respond to at the examination. (Debtor's Examination Questions in the next section will assist the user in preparing this list.)
Enter an X as a reminder to send a copy of the questions to the Debtor.
Enter an X as a reminder to keep a copy of the questions and to provide the clerk with a copy.
Enter an X as a reminder to discuss with the court clerk whether it will be necessary to issue a subpoena to the Debtor in order to force the Debtor to appear for the examination.
Enter an X as a reminder to pay the sheriff's fee to serve the subpoena on the Debtor.
Enter an X as a reminder that if the Debtor ignores a subpoena to appear and/or who fails to answer the questions presented in connection with the examination, the Debtor will be forced by the court to answer the questions.
! Optional Debtor's Examination Questions Section (17 of 17)
JUDGMENT DEBTOR'S EXAMINATION
QUESTIONS AND REQUESTS FOR PRODUCTION OF DOCUMENTS
To: !
You are required to supply all of the following documents and answer all of the following questions:
! !. All records relating to your assets and debts from the date of judgment to the present date. These should include: Deeds, contracts, bank records, stock and bond account records, liens, mortgages, notes, loans owed, loans given to others, vehicle titles and registrations, pension or profit-sharing accounts.
! !. Personal income tax returns (Federal and State) for the most recent three years.
! !. The most recent balance sheet and financial statement for each and every corporation and/or partnership in which you own at least 1% of the stock or are a partner.
! !. The most recent balance sheet and financial statement for each and every sole proprietorship owned in whole or in part by you.
! !. The most recent balance sheet and financial statement covering you personally.
! !. Financial statements prepared within the last twelve (12) months on which your name appears, which have been filed with any financial institution. The term "financial institution" includes but is not limited to banks, savings and loan associations, securities or commodities dealers, trust companies, and real estate trusts.
! !. Where you live; with whom; whether you own or rent; when you acquired this residence; who are your nearest relatives (names, addresses, relationship).
! !. Any gifts or loans made to others since the judgment was entered.
! !. Personal property owned, including: jewelry, boats, snowmobiles, airplanes, sports equipment, guns, stereos, collections, motorcycles. Also list, for each item, any liens/debts against the item, to whom owed, and how much.
! !. Described any inheritance promised or expected.
Enter an X to include a section which will assist the user in preparing a list of questions to present to the Debtor in connection with the "Judgment Debtor's Examination". Press [Ctrl+F1] for more information.
The program completes the Defendant(s) name(s) by transferring the information from a previous section. This information may be modified without affecting earlier data. The name should correspond exactly with the name of the party who the judgment was entered against.
Enter an X to require the Debtor to produce any documents related to his/her assets and debts.
Enter an X to require the Debtor to provide income tax returns.
Enter an X to require the Debtor to provide financial statements for corporate or partnership interests owned.
Enter an X to require the Debtor to provide financial statements regarding unincorporated businesses owned by the Debtor.
Enter an X to require the Debtor to provide personal financial statements.
Enter an X to require the Debtor to provide financial statements given to lending institutions. For example, this would include a loan application given to a bank for a car loan or in connection with a real estate mortgage loan.
Enter an X to request information from the Debtor regarding the Debtor's residence and nearest relatives.
Enter an X to request that the Debtor provide information regarding transfers of money or property to others after the judgment. For example, the Creditor may be able to recover a $10,000 "loan" that the Debtor gave to his sister the day after the judgment was entered. It may be necessary to contact an attorney for assistance.
Enter an X to include a request that the Debtor provide a list of all personal property owned, as well as any liens or debts owed in connection with those assets.
Enter an X to include a request that the Debtor provide information regarding any inheritances that are expected.
Enter an X to include a request that the Debtor provide information regarding the Debtor's employment.
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