If you have a claim or dispute with another person or company for $10,000.00 or less, and have asked the person or company for the money and they refuse to pay part or all of it, you can sue them in small claims court which is called the General Sessions Court. You don't have to be a United States citizen to file a claim in small claims court, but you do have to be at least 18 years old, and if you are younger, you must have a guardian, parent, relative, or adult friend to sue on your behalf.

To file a claim in small claims court, you must first visit the office of the clerk of your local General Sessions Court. The clerk will give you certain papers you must fill out and file, along with a small fee. Generally, the small claims action must be filed where the person you are suing lives, where the firm does business, where the contract was signed, or where the accident took place. You should also know the full name and present address of the person or company to be named as defendants before filing your claim with the court. You will need to know exactly how much money you are claiming, the reason why you are claiming the money, and the date and place the dispute arose.

If your claim involves a tenant as a defendant, you may make a small claims court claim for unpaid rent and you may also seek eviction. However, there are certain legal requirements which must be met by you prior to filing the action for eviction.

These requirements are discussed in more detail under the Home Ownership and Rental Topic entitled "Rights and Duties of Landlords."

Once you have filled out and filed your small claims court papers, copies of those forms and an order to appear must be delivered to the party you are suing. A process server from the sheriff's office will serve the notice on the defendant personally.

Usually, small claims court hearings will be held within approximately 40 days from the date that you filed your claim. However, if one of the people you are suing lives outside the county in which the claim has been filed, it might take up to 70 days before the hearing is held. You must keep in touch with the clerk's office to learn when to be in court.

If you are the individual being sued in small claims court, you must receive notice of the claim at least 10 days before the hearing. If you ignore the claim, and fail to appear on the date of the hearing, you will not be able to present your side of the claim, and the court will enter judgment against you by "default". You should be there to explain your side of the story so that the judge can make an intelligent decision with regard to the claim presented.

While attorneys will be permitted to represent you at the hearing, you may also represent yourself.

The hearing is informal, and is kept very simple. There are no juries, and only the judge will hear the case. The judge will request each party to tell their side of the dispute under oath. You and the other party may bring in witnesses and documents to support your argument. The judge may also permit cross-examination or questions to be asked of the other party or the witness.

The judge may ask each party certain questions, and you should make every effort to answer those questions carefully and directly. No matter how mad the other party makes you, you should not insult a party.

After the judge has heard all of the facts, evidence, and arguments of both parties, he or she will review both sides of the case and make a decision at the end of the hearing, or the judge may want to take more time to study the law carefully and make a decision in writing at a later date. You will receive notice of this decision.

If you are the plaintiff in a small claims action and you lose, or you obtain a judgment which is not as much money as you would like, you have a right to appeal to a higher court. If you are the defendant and you lose, you may file an appeal with the clerk. Any appeal must be filed within 10 days after the first decision is made. To make such an appeal, you will have to file a form and pay additional fees to the clerk's office. Then the judge in the Circuit Court will hear the case all over again, and both parties may have lawyers present to represent their interests and either party may request that a jury decide the case.

If you win in small claims court and no appeal is taken within 10 days, the next step is to collect your money. The small claims court clerk will usually assist you by telling you some of the ways to do this yourself. If the defendant can show hardship, the court may order that the judgment be paid in installments.

If you have further questions about small claims proceedings, you may want to consult an attorney to help you in the collection of a small claims court judgment.

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The information available through TBALink LawBytes is basic legal information and is not a substitute for legal advice. LawBytes is provided by the Tennessee Bar Association as a public service and for general information only. It should not be considered legal advice. You should consult your attorney if you have questions concerning any specific situation. If you do not have an attorney, may we suggest that you contact your local bar association's referral service. The topics covered through TBALink LawBytes will provide basic information and should make it easier for someone with a problem to decide whether they need professional help from a lawyer or if another agency could provide them with assistance.