How to Navigate Small Claims Court: Filing a Lawsuit, Motions to Dismiss, and Default Judgments

Legal disputes, whether over unpaid debts, property damage, or contract violations, don’t always require hiring an expensive attorney or going through lengthy litigation. In many cases, you can file a lawsuit in small claims court to resolve your issue quickly, affordably, and often without legal representation.

But the process doesn't stop at filing. You’ll also need to understand motions such as a motion to dismiss or a motion for default judgment—both powerful tools that can determine how fast your case moves or whether it even proceeds at all.

In this guide, Lawler Legal walks you through how to file a lawsuit in small claims court, provides an example motion to dismiss, offers a ready-to-use template for motion to dismiss, and explains when and how to file a motion for default judgment.

Step 1: File a Lawsuit in Small Claims Court

Filing a lawsuit in small claims court is often the first step toward resolving a civil matter without hiring a lawyer. It’s ideal for cases involving:

  • Unpaid rent or wages

  • Property damage

  • Breach of contract

  • Refund disputes

How to File a Lawsuit in Small Claims Court:

  1. Determine Eligibility
    Each state has a monetary limit (e.g., $5,000 to $10,000). Check your local court rules.

  2. Fill Out Court Forms
    Use your county’s small claims complaint form. Include:

    • Names and addresses of both parties

    • A description of the dispute

    • The amount of damages you're seeking

  3. File the Forms
    Submit your documents in person or online and pay the required filing fee (usually between $30 and $100).

  4. Serve the Defendant
    You must legally notify the other party by serving the complaint and summons, often through a sheriff or process server.

  5. Prepare for Court
    Gather receipts, contracts, messages, or photos that support your claim.

At Lawler Legal, we provide easy-to-use templates and personalized guidance to help you confidently file a lawsuit in small claims court without costly mistakes.

Step 2: Understand and Use a Motion to Dismiss

A motion to dismiss is a legal filing asking the court to dismiss a case before it goes to trial. As a defendant, it’s your opportunity to argue that the plaintiff’s claim is invalid for legal or procedural reasons.

Common Grounds for a Motion to Dismiss:

  • Lack of jurisdiction

  • Improper service

  • Failure to state a legal claim

  • Statute of limitations has expired

Let’s look at a sample scenario using an example motion to dismiss.

Example Motion to Dismiss

plaintext
IN THE SMALL CLAIMS COURT OF [YOUR COUNTY]  
[YOUR STATE]  

Plaintiff: Jane Smith  
Defendant: John Doe  
Case No: SC-2025-00123  

MOTION TO DISMISS  

Defendant, John Doe, respectfully moves this Court to dismiss the Complaint filed by Plaintiff, Jane Smith, on the grounds that the Plaintiff has failed to state a claim upon which relief can be granted.  

As stated in the complaint, the Plaintiff seeks damages for a verbal agreement that is not legally enforceable under state law. The complaint lacks specificity and does not establish the required elements of a contract.  

WHEREFORE, Defendant prays that this action be dismissed with prejudice.  

Respectfully submitted,  
[Your Signature]  
John Doe  
[Your Address and Contact Information]  
[Date]

This example motion to dismiss gives you a clear view of what the structure and tone should look like.

Downloadable Template for Motion to Dismiss

To simplify the process, Lawler Legal offers a customizable template for motion to dismiss that follows legal standards and court formatting requirements.

What’s included in the template:

  • Proper court caption format

  • Sections for legal grounds and case facts

  • Language to request dismissal “with prejudice” (case closed permanently) or “without prejudice” (case can be refiled)

  • Signature and proof of service fields

Using a template for motion to dismiss allows you to quickly respond to a lawsuit and potentially avoid trial altogether.

Step 3: File a Motion for Default Judgment

Sometimes, the other party fails to appear in court or doesn't respond to your complaint. In such cases, you can file a motion for default judgment to win your case without a trial.

When to File a Motion for Default Judgment:

  • The defendant has not filed an answer within the required deadline (usually 20–30 days).

  • The defendant didn’t show up for the court hearing.

  • You have proof that the defendant was properly served.

How to File a Motion for Default Judgment

  1. Check Court Rules
    Most small claims courts have forms for requesting a default judgment.

  2. Submit a Declaration
    Explain why the other party is in default and include evidence of service.

  3. Attach Evidence of the Claim
    Include contracts, invoices, emails, or photos supporting your damages.

  4. Wait for the Judge’s Decision
    If granted, the court will issue a judgment in your favor, which you can enforce through wage garnishment, liens, or collections.

Lawler Legal provides court-specific instructions and templates to help you submit a successful motion for default judgment with confidence.

Key Tips for Success in Small Claims Court

Whether you're the plaintiff or defendant, understanding how and when to use legal tools like motions is key to building your case. Here are expert-backed tips from Lawler Legal:

  • Be Timely: Always respect court deadlines for filing responses and motions.

  • Stay Professional: Even in small claims, your documents should use clear, respectful legal language.

  • Organize Evidence: The more documentation you provide, the stronger your position.

  • Understand Your Rights: Use resources like Lawler Legal to understand legal procedures, even without an attorney.

  • Prepare for Settlement: Judges often encourage parties to settle—bring your best offer and supporting evidence.

Frequently Asked Questions

Q: Can I use a motion to dismiss in small claims court?
A: Yes, many small claims courts allow motions to dismiss based on jurisdictional or procedural issues. Check your local court’s rules or consult Lawler Legal for state-specific templates.

Q: What happens after I file a motion for default judgment?
A: If approved, the judge may award you damages based on your complaint and evidence. The case does not proceed to trial.

Q: Can I modify the motion to dismiss template provided?
A: Yes! Lawler Legal’s template for motion to dismiss is fully editable to match your case facts and court requirements.

motions to dismiss


Final Thoughts: File Smart with Lawler Legal

Whether you need to file a lawsuit in small claims court, respond with a motion to dismiss, or pursue a motion for default judgment, every step requires careful attention and legal accuracy. Small claims court may be informal, but your documents must be correct, timely, and persuasive.

At Lawler Legal, we simplify the legal process for individuals, freelancers, and small business owners. From downloadable forms to legal guides and step-by-step instructions, we’re your trusted partner for navigating civil disputes efficiently and effectively.

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