Money & Debt

Fill out and sign the below forms with this program that will automatically create the forms for you. Make 2 extra copies of each form for the plaintiff A person or party that starts a lawsuit and yourself.

• Appearance A form that lets the plaintiff and the court know the defendant is participating in the case. It can also be when a person shows up to their court hearing. : Tells the court and the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. that you are participating in the court case on your own without a lawyer Someone who represents clients in courts or who gives legal advice . It also tells the court and the other party if you want your case to be decided by a judge or a judge and a jury.
  • If the judge asked you to also file an Answer A written statement used to respond to the complaint or petition in a lawsuit , don't use this form. Use the program below.
• Answer: Even though you don't have to file an Answer in this type of court case, a judge may still ask you to do it and then you are required to file one out. This program will help you fill out both an Answer and Appearance. 

An Answer is a written response A formal written answer to the plaintiff or petitioner's written statement to the court saying whether you agree or disagree with the reasons the other party used to sue you. This response is also where you raise affirmative defenses or reasons the other party should not win and counterclaims that you have against the other party about the issues in the court case. 

Learn more about Responding to a court case.

Dismissing the case

Before you fill out and file your Answer, talk to an attorney about filing a Motion to Dismiss. You may have a legal reason to have the Complaint A written statement to start a lawsuit that says what the defendant did dismissed Cases dismissed with no further action anticipated. . For example, the case was filed after the time limit ended. 

Credit card debt cases and debt buyer cases

If you are being sued for a debt that you owe, the plaintiff may have to follow more rules. These rules apply if the debt you are being sued for is from a credit card. They also apply if you are being sued by someone for a debt that they did not originally own. These are called "debt buyers" because they buy the debt from the original creditor Someone who is owed money . A plaintiff must do the following in debt buyer and credit card debt cases:

• Print the name of the person who signs the Complaint under the signature line,
• Include a Credit Card or Debt Buyer Collection Affidavit signed by the plaintiff (not their lawyer);
• Include a statement that the suit is filed within the relevant time limit ("statute of limitations"); and
• Have the Credit Card or Debt Buyer Collection Affidavit signed by the plaintiff or the plaintiff’s designated agent. For purposes of this Rule, the attorney for the plaintiff may not sign the affidavit on behalf of the plaintiff or plaintiff’s designated agent.

If the plaintiff doesn't do all of these things, you can ask to have the case dismissed. To do so, file a Motion to Dismiss and say the rule they did not follow.

Quashing service

You can file a Motion to Quash if you have a legal reason to challenge the service of process, which is the way you received the court papers.

Now that you have filled out your forms, you need to file them with the appropriate circuit clerk. You will need to electronically file ("e-file") them unless you have an exemption. 

Do this with the circuit clerk at the courthouse where the case was filed.​

Pay the court filing fee Fee charged for filing court documents or file the Application for Waiver of Court Fees you filled out in Step 1. 

There are fees to file many court forms, especially when starting a case. Fees are different from case to case and county to county. Contact the circuit clerk to find out about their fees. Many circuit clerks list theirs fees on their website.

If you qualify, you can get a Fee waiver. A fee waiver allows you to file for free, or at a reduced cost.

After you file your forms, you need to take the following actions:

• Send a copy of your stamped Appearance A form that lets the plaintiff and the court know the defendant is participating in the case. It can also be when a person shows up to their court hearing. and Answer A written statement used to respond to the complaint or petition in a lawsuit forms to all the other parties in the case. If a party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. has a lawyer Someone who represents clients in courts or who gives legal advice , send a copy to the lawyer. You can find contact information for the other parties in the case on the other documents that have been filed in the court case;
• Send the copies in the way you said you would on the Answer form, whether that was by hand delivery, by mail, or by email. You may only send the forms by email if the other party has agreed or you are sending it to the other party's attorney;
• Send the copies of your forms by 5:00 PM on the same day you file them with the circuit clerk The office that takes care of files and documents for circuit court cases ; and
• Keep one copy of each court stamped form for your records. 

Check with the circuit clerk The office that takes care of files and documents for circuit court cases where you filed your Appearance A form that lets the plaintiff and the court know the defendant is participating in the case. It can also be when a person shows up to their court hearing. when your court date will be. Make sure to come to court on that date. Otherwise, the plaintiff A person or party that starts a lawsuit will win the case automatically.

You have the right to represent yourself in court. However, you are expected to follow the court's rules and procedures. Most people who work in the courthouse cannot give you legal advice; meaning they cannot help you decide what to do, evaluate your possibility of success, or present your argument to the judge.

To navigate the court system, you need basic information about your case. Most of the information should be listed on court papers:

• Plaintiff's or Petitioner A person who makes a written request to a court 's nam
• Defendant The person or organization being sued in a lawsuit 's or Respondent A person who has a petition filed against them 's nam
• Case numbe
• Judicial circui
• Count
• Division

If you are filing a case, you are called the plaintiff. If a case has been filed against you, you are called the defendant. In some cases, the plaintiff is called the petitioner, and the defendant is called the respondent.

Bring these items with you to court:

• Copies of all the documents you filed with the Circuit Clerk
• Any witnesses you want to testify To answer questions under oath
• Any documents you want the judge to look at
• A photo ID

Follow these suggestions when going to court

• Be polite and dress the way you would for a job interview
• Get to the courthouse at least 30-45 minutes before your hearing When the parties in a case present their sides of a case to a judge or other officer time;
• Go to the courtroom number on your court forms. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk
• Check in with the judge’s clerk or coordinator sitting on either side of the judge’s seat
• Know your line number and tell the clerk or coordinator your name and line number (you may have to sit outside the courtroom)
• Listen for your name or your line number to be called and then step up to the bench Where the judge sits. Usually a table and a chair. Not an actual bench.
• You may be sworn to tell the truth, answer A written statement used to respond to the complaint or petition in a lawsuit the questions truthfully
• Explain briefly the issue you would like to address before leaving the courthouse;
• You should receive a copy of whatever order is entered that day. Don’t leave the courtroom without it.

Learn more about Going to court.

Possible outcomes

The judge will ask you if you admit or deny To refuse or say no the claims in the complaint A written statement to start a lawsuit that says what the defendant did . The following are possible outcomes from the first court date:

• If you deny the claims, a trial When the issues of a case are heard in court and decided by a judge or jury will be scheduled;
• If you admit the claims, a judgment An official decision by a court that ends the dispute between parties will be entered against you; or
• If you do not show up, a default judgment When a person loses a case because they don't file an appearance or show up in court will be entered against you.

To prepare for trial When the issues of a case are heard in court and decided by a judge or jury , do the following things:

• Organize your main points;
• Read the complaint A written statement to start a lawsuit that says what the defendant did again;
• Know how to explain your side of the story;
• Organize your documents so they can be easily used;
• Locate witnesses who know the facts;
• Bring expert witnesses (a mechanic, for example) who will support your case; and
• Know what their witnesses will say.

If a witness A person who answers questions in court under oath refuses to come to court, you can have the court make them come. To do this, you will need to get an order called a subpoena A court order requiring someone to show up in court, usually to give information from the circuit clerk The office that takes care of files and documents for circuit court cases . 

If the clerk issues the subpoena, the person you want as a witness is required to come to court. You will have to pay any witness you forced to come to court. 

You or any other adult Any person 18 years old or over may deliver the subpoena to the witness, or you may ask the sheriff A county officer who can serve people with summons. They can evict someone with a court order. 's office to deliver it to them.

All small claims court sessions are open to the public. You may attend any of these courtroom proceedings to observe.

The trial When the issues of a case are heard in court and decided by a judge or jury will be in front of the judge only, or in front of a jury and a judge. 

The plaintiff A person or party that starts a lawsuit will have the first chance to present evidence Anything used to show that something is true and witnesses to prove their case. To do so, the plaintiff may show the judge or jury papers, or ask witnesses to answer A written statement used to respond to the complaint or petition in a lawsuit questions. This is called testimony Evidence given orally by witnesses .

When they finish, you and the judge can ask the witness A person who answers questions in court under oath questions. Then, you will have a chance to present evidence and witnesses. The plaintiff and the judge can question (cross-examine) your witnesses.

If no jury was requested, the judge will either dismiss the case or give the plaintiff a judgment An official decision by a court that ends the dispute between parties for the money.

If it is a jury trial A trial decided by a judge and a jury , the jury will talk privately, and then give their decision to the judge. Based on the jury's conclusion, the judge will either dismiss the case or award the plaintiff a judgment for money.

If you win the case

If the judge dismisses the complaint A written statement to start a lawsuit that says what the defendant did , the case is over. You do not need to do anything more unless the plaintiff appeals the case or files anything more. You will get notified if any of these things happen.

If you lose the case

If the plaintiff proves that you owe the money, the judge will give them a money judgment. This is a court document that says you owe the plaintiff money. The judgment may also include court costs The fees for going to court, including filing, serving, and getting transcripts .

This does not mean that you have to pay the plaintiff on the day the judgment is entered. However, if you do not pay, the plaintiff can ask the court to have the money:

• Taken from your wages The amount of money that a person is paid for work they do
• Taken from your bank accounts
• Put as a lien A claim against property that may be used to repay a debt on your property

You will also have to pay the plaintiff's court fees for taking these actions.

If you do not pay right away, interest will start collecting on the day of the judgment. The rate is 9% a year. The rate is 5% for judgments entered on 1/1/20 or later that are $25,000 and are for consumer goods or services (not bodily injury or death). The longer you wait, the more you will have to pay.

Also, a judgment against you will show up on your credit report.

Appealing

Either party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. can appeal A request to change a court's decision a decision if they lose their case. The court that you would take your case to is called an appellate court.

In most counties, you must file an appeal within 30 days of the day the judge enters a judgment. Appeals are complicated and require additional fees. You should talk to a lawyer Someone who represents clients in courts or who gives legal advice before appealing your case.

Learn more about Appealing a case.