If a person or company owes you money, one of the best ways to start the process of getting it back is to start a claim against them in small claims court.

However, before you start the action, try to get their bank account number/bank branch routing number and/or the defendant's employer. Should you win, these are going to be necessary to help you recover the amount that you have been awarded. The routing number and account number are at the bottom of the company's/personal checks. Please see above graphic.

Assemble your evidence as clearly as possible. Please note that documentation is one the stronger types of evidence. This could be letters, emails, text messages, bills and receipts. If you have photographic, video or audio evidence, bring that as well.

Once you have this information, select the Small Claims Court in the county where you are going to file. This can be the county where you live, where your business is, where the defendant lives or where the defendant has a place of business.

Step 1: File in Person or Online

Find the address and procedures of the Small Claims Court for the county where you are suing; this can usually be found online. For example, in Manhattan, New York City, the address is 111 Centre Street, Room 322. Go down to the court, fill out the form and pay the fee. In NYC, one needs to have exact change in cash or a money order, but this may vary by county. Once the court clerk accepts the form, you will be assigned a case number and a court date. A sample form from NYC Small Claims Court is attached as a PDF.

Some small claims courts now will allow you to file online. In NYC, you can use TurboCourt.com. Please note that TurboCourt.com will charge a small fee to file using their site, but many plaintiffs feel that this is worth it for the convenience of filing at any time of day, not just during business hours. Also, once you file using TurboCourt.com, it will take about 5 to 7 business days for the case filing to go through to the Court. Once the filing goes through, you will be assigned a case number and a court date.

The person filing the small claim is known as the Plaintiff, the one against whom the case is being filed is known as the Defendant.

smallclaimsform.pdf
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Step 2: Calendar Call

On the day of the case, arrive at the Court about a half an hour early to leave time to go through metal detectors and court security.

Once you get to the the Court room, at the appointed time, everyone will be called in for the Calendar Call. The Calendar Call is when the Clerk of the Court announces all the cases that are going to be heard in that session (usually early evening).

During calendar call, the Plaintiff and the Defendant can choose to have the case heard by a Court-appointed, trained Legal Arbitrator in order to speed the case along. The Arbitrator's decision carries the same weight as a Judge's decision. If you want to have the case heard by an Arbitrator, say "Application" when your case is called out. If you want it to be heard by a Judge, say "By the Court". Please note that if you want the case to be heard by a Judge, you will have to come back to Court another day since the Judge's cases are scheduled in advance.

Step 3: Present Your Evidence

Once you are before the Court Arbitrator or Judge, present your documented evidence as clearly and concisely as possible. Be sure to stay focused on the legal issues on hand and do not stray off into other areas, ie: how mean the person is. Both sides will be given the chance to present their argument.

If a decision is made in your favor for a monetary amount, you will now have to do additional work on your own to collect it if the person or Company refuses to pay you. That is where the bank account/bank routing number and employer information are useful. You will have to file with the Court to inform the bank and/or employer that a Judgement from the Court against the person is outstanding. Usually this will involve a Sheriff or a City Marshall. It usually involves filling out additional paperwork and paying a fee. Please consult with the Court that has handed down the Judgement for specific instructions on how to do this in their jurisdiciton.

NYC Small Claims Court has a detailed section on how to go about collecting on a claim which may service as a general guide:
https://www.nycourts.gov/courts/nyc/smallclaims/collectingjudgment.shtml#general