Small claims court is where an individual (the plaintiff) can sue another individual (the defendant) for money damages up to $5,000. It is an individual’s choice whether representation in these matters is needed as often times the cost of an attorney needs to be weighed against the amount at issue. An individual may feel that since they’re only claiming $2,000, for instance, it makes more sense financially to go at it alone than pay an attorney’s fees to recover the money.

Still, many people would rather hire an attorney familiar with court proceedings, though, as in many legal cases, an attorney can’t guarantee an outcome. So there is always the possibility you spend the money on an attorney, not end up with the desired result and find yourself out the money you were originally claiming as well as the amount your lawyer cost.

It is important to weigh the pros and cons of obtaining counsel prior to initiating your small claims action.

A small claims case in Connecticut is initiated when the plaintiff serves the defendant with the Small Claims writ and notice of suit, as well as any documents she plans to introduce as exhibits in order to assist the court in deciding her case. The writ includes the facts that the court needs to understand, where the outstanding debt originated from and what the amount owed is. For instance, if you’re claiming a client owes you money for an unpaid service, you will want to include a copy of the unpaid invoice with your documentation.

If the claim is against a business, you must find out if the business is a corporation, partnership, limited liability company or a DBA (person “doing business as” a company, also known as trade names.) This information is available on the Secretary of the State’s website.

It is important to take the time to look this up because also included on the website is the appropriate person to send the writ to (to serve).

Once the plaintiff receives confirmation that the defendant received the writ, the plaintiff files the documents with the court. Currently in Connecticut the court charges $95 to file a small claims case.

When the court clerk receives the information, he or she sends an answer form to the defendant, indicating the deadline by which the defendant must respond. This is the defendant’s opportunity to plead a defense and provide evidence in the matter. If the defendant thinks the plaintiff owes her money, she may plead a counterclaim for why this is the case.

Filing a counterclaim costs $95. If the defendant fails to file an answer, the court can issue a default judgment in the plaintiff’s favor.

Assuming the defendant files an answer, the judge then reviews the case and determines whether a decision can be made without a trial or whether a trial needs to be scheduled.

The clerk will let you know whether you need to come to court for a trial. It is important to know that jury trials are not available in small claims court, and decisions by the court in these cases are unable to be appealed to a higher court.

If you are successful in your small claims suit, the court cannot collect the money for you. The court’s decision only gives you permission to collect the money.

The court can order the defendant to make periodic payments to the plaintiff. If payment is not made according to the court’s order, one way to collect is to get an execution to attach wages, personal property or bank accounts. If, however, the individual is being compliant with the court’s order, you cannot get an execution.

Small claims court is designed to be user friendly for individuals to represent themselves, but the proper procedures still need to be followed for a claim to be determined in your favor.

Christina M. Accumanno, Esq., of Old Saybrook is an attorney with Brown Paindiris & Scott, LLP. Attorney Accumanno practices out of the firm’s Glastonbury and Deep River offices.