Legal Small Claims Complaint

LEGAL SMALL CLAIMS COMPLAINT

Plaintiff Name:   Plaintiff Address:

Defendant Name:   Defendant Address:

Court Name:   Case Number (if known):

RECITALS

WHEREAS, Plaintiff provided goods, services, or extended credit to Defendant pursuant to a transaction or agreement described further below; and

WHEREAS, Defendant failed to pay for the goods or services or otherwise breached an obligation owed to Plaintiff, resulting in damages within the monetary limits for small claims jurisdiction; and

WHEREAS, Plaintiff made a written or oral demand for payment on and payment was not made;

NOW, THEREFORE, Plaintiff brings this Small Claims Complaint against Defendant and alleges as follows:

1. JURISDICTION AND VENUE

1.1 This Court has jurisdiction over this dispute because the amount demanded by Plaintiff, exclusive of interest and costs, does not exceed the monetary limit for small claims in this Court and arises from events or transactions occurring within this Court's territorial jurisdiction.

1.2 Venue is proper in this Court because Defendant resides or conducts business in the county where this Court is located or the acts giving rise to this claim occurred in this county.

2. PARTIES

2.1 Plaintiff is an individual or entity identified above and is the party asserting the claim in this action.

2.2 Defendant is the individual or entity identified above, who is alleged to be liable to Plaintiff for the relief sought herein.

3. STATEMENT OF CLAIM

3.1 On or about , Plaintiff performed the following acts or provided the following goods or services to Defendant:

3.2 Plaintiff demanded payment or performance from Defendant on and Defendant failed or refused to comply.

4. CAUSE(S) OF ACTION

Plaintiff asserts the following cause(s) of action (check all that apply) and sets forth the factual basis for each:

Breach of Contract — Plaintiff entered into an agreement with Defendant and Defendant failed to perform as promised, causing financial loss to Plaintiff.

Account Stated / Open Account — Defendant acknowledged indebtedness or failed to object to correct account statements and has not paid the balance due.

Negligence — Defendant owed Plaintiff a duty, breached that duty, and Plaintiff suffered compensable damages as a proximate result.

If Other, specify:

5. DAMAGES AND COMPUTATION

5.1 Principal amount claimed: $

5.2 Interest (if claimed): $ Rate or basis:

5.3 Late fees, service charges, or other specified amounts: $

5.4 Court costs and filing fees: $

5.5 Total amount demanded (sum of above): $

6. RELIEF SOUGHT

WHEREFORE, Plaintiff prays for judgment against Defendant as follows:

1. For monetary damages in the amount of $ , together with interest as allowed by law;
2. For costs of suit and filing fees; and
3. For such other and further relief as the Court deems just and proper under the circumstances.

7. NOTICE

8. REPRESENTATIONS, WARRANTIES, AND CERTIFICATION

Plaintiff certifies, under penalty of perjury, that the foregoing is true and correct to the best of Plaintiff's knowledge, information, and belief; that this claim is just and correct; and that no prior action has been filed covering the same claim between these parties.

9. MISCELLANEOUS PROVISIONS

Governing Law: This Complaint shall be governed by the laws applicable within the jurisdiction of the court in which it is filed.

Entire Agreement: This Complaint, together with any attachments or exhibits, constitutes the entire statement of Plaintiff's claim and supersedes any prior oral or written representations with respect to the matters alleged.

Severability: If any provision of this Complaint is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments and Waiver: No amendment to this Complaint is effective unless in writing and signed by the party to be charged. No waiver of any provision is effective unless in writing.

VERIFICATION

I declare under penalty of perjury under the laws of the jurisdiction of this Court that the foregoing is true and correct.

Executed on:

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