Just got sued? Start here

Getting served with court papers is stressful. Take a breath. Feeling shocked, angry, or worried is completely normal, and you don't have to figure everything out in the next hour.

Small claims is built so everyday people can take part, and being organized goes a long way. The most important thing is not to ignore the papers.

Start by reading your papers carefully, then work through the steps below. Rules differ by state and court, so if anything is unclear, ask the clerk.

Your first 24 hours

Put the papers somewhere safe and read them all the way through, including any back pages. Write down the court's name, your case number, and any dates or deadlines the papers mention. Add them to your calendar right away.

Then make a few notes while your memory is fresh: what happened, when, and who was involved. Avoid sending angry messages to the other side. If you do talk with them, keep it short and polite, and keep a record.

Reading your papers

Court papers usually tell you who is suing you, what they say happened, how much or what they're asking for, and where and when to appear. They may also explain whether you need to file anything before the hearing.

Every court is different, so check the papers you were served for exact instructions. If a word or step doesn't make sense, call or visit the clerk's office. Clerks can't give legal advice, but they can often explain the court's process and point you to forms and self-help resources.

Your options, in general terms

People in your situation generally consider a few options, and they can overlap:

Respond. Some courts require a written response or other filing before the hearing, and others only require you to show up. Check the papers you were served and your court's rules.
Talk or settle. You can try to work things out with the other side. If you reach an agreement, ask the clerk how to let the court know.
Prepare your side. Gather your own records and plan how you'll explain what happened.
Ask about a counterclaim. If you believe the other side owes you something related to the same dispute, ask the clerk whether and how your court allows a counterclaim.

Free starter kit

Get the free starter kit: a basic timeline, checklists, and links for your state.

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Your path

Been served? Get your side in order.

The most important thing is not to ignore the papers. The Playbook helps you take it one step at a time: a step-by-step guide for people who've been sued, a document checklist, exhibit labels, a one-page timeline and a hearing-day outline, plus your state's Playbook section. General legal information, not advice about your case. $149 for your first year (introductory offer), then $199 a year. Join now.

See how the Playbook works →

Getting ready for the hearing

Gather your own evidence: texts, emails, receipts, contracts, photos, and anything else that tells your side. Put it in order with a short timeline, and make copies according to your court's instructions.

Keep everything in one folder or binder, and keep a short log of every contact with the other side and the court, including dates and what was said. If the other side sent you messages or documents before the case was filed, save those too.

Write a few bullet points about what you want the judge to know, and practice saying them out loud. On hearing day, arrive early, bring your papers and evidence, and speak calmly and respectfully. Listen to the other side without interrupting, then answer questions directly.

Free starter kit

Get the free starter kit: a basic timeline, checklists, and links for your state.

Get the free starter kit

Frequently asked questions

What should I do first after being served?

Don't ignore the papers. Read them all the way through, write down the court, case number, and any dates they mention, and add those dates to your calendar.

Do I have to file a response?

It depends on your court. Some require a written response before the hearing, and others only require you to appear. Check the papers you were served and your court's rules, or ask the clerk.

What happens if I don't show up?

If you can't make your hearing date, contact the court right away and ask what your options are. Check the papers you were served for your hearing details.

Can I settle with the person suing me?

Often, yes. You can try to work things out with the other side. If you reach an agreement, ask the clerk how to let the court know.

Can I file a counterclaim?

If you believe the other side owes you something related to the same dispute, ask the clerk whether your court allows a counterclaim and how to file one.

Do I need a lawyer for small claims court?

Small claims is designed for people to handle their own cases, and many people do. If your case is complex or a lot is at stake, you can talk to a lawyer before you decide how to proceed. Check your court's rules about lawyers.

You present your side. The Playbook helps you get ready.

One membership covers every state: your state's Playbook section, prep guides that work in any state, and a filled-in sample of your state's claim form (made-up case, box-by-box), so you can see how a claim is laid out. For Mississippi, Oklahoma and Wyoming it's a sample layout we made, so you'd get the real form from the court clerk. $149 for your first year (introductory offer), then $199 a year. Join now.

See the Playbook

Small Claims Coach is built to help you handle your case yourself, without a lawyer — but if your situation is complicated, does not fit our samples, or a deadline is close, you may want to call a lawyer.

Small Claims Coach uses public information to build the Playbook, which coaches you as you organize and present your own case. We are not your lawyer, there is no attorney-client relationship, and we don't want the details of your case.

This information is for educational purposes only. It is not legal advice.