How hard is it to file a small claims court case?
It's very easy. Usually, you complete a fill-in-the-blanks form the Court Clerk will give you or you can get online. And you pay a small filing fee which the other driver will be ordered to pay you back if you win the case. Next, you must have the court papers delivered to the person you are suing. This is called "service of process." For a fee, you can hire your local sheriff or constable to do the service. If you win, this expense is included in your judgment.
Are there any complicated pre-trial procedures in small claims court?
No. The idea behind small claims courts it to simplify procedures so that ordinary citizens without any special training can represent themselves. There may be some limited pre-trial procedures that are available -- such as the right to send you opponent written questions, called Interrogatories, which he must answer under oath. If your opponent sends Interrogatories to you, be sure to answer them. If you don't, you could be penalized by the court. Your case could even be dismissed. Many small claims courts have informational pamphlets to guide you, and, if you're lucky and don't live in an area with very busy courts, the court staff will probably also answer your questions.
