How to Serve (Deliver) Your Small Claims Paperwork

After you file a claim in small claims court, you must notify (or "serve") the person or business you're suing by giving them a copy of your court paperwork. If you don't do this correctly, the court could dismiss your case.

Court staff can explain how service works but cannot give you advice on the best choices for your situation. You can pay a sheriff or a professional to do it for you. Or you can do it yourself if you follow all the rules and deadlines. Read on to learn more.

Make copies of the forms you turned in to the small claims court. This should be the "Small Claim and Notice of Small Claim" form.

Make sure you copy the forms exactly as they were when you filed them with the court, including your signature. 

You will need a copy for each person or business you named as a "defendant" in the claim you filed.

If you feel comfortable doing so, you can ask the person or business you are suing if they are willing to let you mail or hand-deliver the copies directly. This is called accepting service. 

If they accept service, you must include a form called "Acceptance of Service." The defendant should sign the Acceptance of Service form and deliver it to the court or give it to you to turn in. 

If the defendant accepts service, you must make sure the "Acceptance of Service" form is turned in to the court. If it isn't, the court may throw your case out.

Accepting service does not mean that the other side agrees with what was said in the legal papers or that they agree to pay. Signing the Acceptance of Service form means only that they agree they received their copy of the court paperwork.

If the defendant won't accept service: you must try another way. There are four more ways you can serve a defendant after you file your claim. See the next step. 

If the defendant won't agree to accept copies of the paperwork, or if you don't feel comfortable contacting them directly, you must complete service in one of the following ways.  

1. Personal service

Someone must deliver the papers directly to the defendant. Options include:

• Sheriff's office: Take the claim to the sheriff's office in the county where the defendant lives or does business. They will serve the papers for a fee.
• Process server: Hire a professional "process server" to deliver the claim.
• A responsible adult: You can ask someone 18 or older who is not involved in the case to deliver the paperwork.
  • This person cannot be you, a lawyer, an employee of either side, or a leader in a business involved in the case.

2. Substitute service

If you can't serve the defendant directly, the process server can:

1. Leave the papers with someone 14 or older at the defendant's home. They should get the person's name if possible.
2. Then, mail a copy to the same address by regular mail.

3. Office service (serving them at work)

If serving at home isn't possible, the process server can follow these steps:

1. Leave the papers with someone in charge at the defendant's workplace.
2. Mail a copy to the workplace by regular mail.
3. Include a note stating the date, time, and place the papers were delivered to their office or work.

4. Service by mail 

You can serve by mail, but you must follow specific steps:

1. Make two copies of the paperwork.
2. Send one copy by certified mail with a return receipt.
   • You can also request restricted delivery, so only the defendant can sign for it.
   • Learn more about these mail services here on U.S. Post Service's website.
3. Send the second copy by regular mail.
4. Check the return receipt to make sure the right person signed for it.

Once you have delivered the copies to the defendant following the steps above, you must file a form called a "Certificate of Service." 

This proves to the court that the defendant was served correctly. This must be filed with the court for your case to go forward. 

If the Certificate of Service is not filed within 63 days (about two months) of filing your claim, your case may be closed.

The person who sent or delivered the documents must be the one to fill out the Certificate of Service. Either you or the process server may file the forms with the court.

After being served, the defendant has 14 days (two weeks) to respond. They can choose to:

1. Pay the claim. The person you are suing can settle the case by paying you directly, including any court fees.

• If they do this, they should notify the court, and you may cancel ("dismiss") the case. 

2. Deny the claim and request a hearing. The defendant can file a formal written response saying they disagree with some or all of your claim. 

• They may also file a counterclaim (sue you back in the same case) if they believe you owe them money.

What happens next depends on the court:

• Some courts will schedule a hearing right away.
• Other courts require mediation first. Mediation is a meeting where a neutral person helps both sides try to reach an agreement. If that doesn’t work, a hearing is scheduled.

3. Deny the claim and request a jury trial. If your claim is more than $750, the defendant can ask for a jury trial in circuit court.

• This moves the case out of small claims court and into circuit court, where a judge and jury will decide the case.
• Cases in circuit court are more complicated, and having a lawyer is recommended.
• If this happens and you still want to move forward with your case, you must:
  • File a new claim ("complaint") in circuit court within 20 days.
  • If you don’t, the case may be dismissed.

4. Ignore the case. If the defendant does not respond within 14 days, you can ask the judge to decide the case in your favor without hearing from them. Read more about this in the next step.

Important: The defendant has only 14 days to respond. If they do nothing, you may be able to win the case by default.

If the defendant does not respond by the two-week (14-day) deadline, you can ask the judge to decide the case in your favor without hearing from the defendant. This is called a default judgment. 

• Fill out and turn in a form called a "Request for Default Judgment." Ask the court clerk for a copy.
• Include the proof that you properly delivered the papers (your "proof of service"). 
• If you don't act within 90 days (about three months), the court may close your case without making a decision. 

The court may still accept a late response from the defendant if you have not asked for a default judgment.

After serving the other side, it's time to get ready for your day in court. 

Go here to read about what to expect at your small claims hearing.