91st District Court - Small Claims

  • You have started a Small Claims case.

  • You are the Plaintiff and it is your responsibility to keep your case active.

  • Your defendant must be served notice of the hearing or your case will not be heard.

  • You must provide a valid address where the defendant can be served.

  • The Court does not locate the defendant or their address for you.

 

YOU MUST CHOOSE A METHOD OF SERVICE:

1. CERTIFIED MAIL: You pay the Court to send your summons via certified mail. Contact the Court for an updated fee. If the defendant refuses the mail you must choose another method of service.
2. SHERIFF DEPARTMENT: The sheriff department will serve your claim for a service fee plus mileage. This service method cannot be refused.
Link: CCSD Service fee schedule
3. PROCESS SERVER: Anyone 18 years or older that is not a part of the claim may serve the defendant. Proof of service must be notarized and returned to the Court 7 days prior to the hearing. You may also pay a private process server to serve the claim.

  • Adjournments cannot be granted by phone—you MUST put your request in writing and notify the Court 7 days prior to your hearing date.

  • Plaintiff: if you fail to appear for the hearing, your case will be dismissed within 21 days. You may file a motion ($20) to reopen the case.

  • Defendant: if you fail to appear for the hearing, the Plaintiff will automatically receive a default judgment against you. You may file a motion ($20) to have the matter reopened.

  • A small claim judgment cannot be appealed unless the matter is heard by a Magistrate. All cases heard by the Judge are final.

 Last modified 6/11/19