What Other Forms Do I Need?
Your complaint is not the only form you may need to
complete. Check with the clerk of the court for any forms you may need.
Included is a brief overview of some of the forms you may need:
- Additional Plaintiff(s)/Defendant(s): If have multiple
plaintiffs or defendants you will need to include an Additional
- Fictitious Business Name Declaration: If filing on
behalf of a business, whether as an individual, partnership,
corporation or other association you will need to include a Fictitious
Business Name Declaration stating that you are in compliance with all
appropriate state laws regarding the business. If you have not complied
with all fictitious business name laws the court may dismiss your claim
and you will have to refile once you have complied with all
- Proof of Service: Document establishes process server was
18 years or older and not a party to the legislation. States that the
Plaintiff's Claim and Order to appear in Small Claims Court (Complaint)
was served on the defendant at the specified address and the method of
service. It is signed by the process server under penalty of perjury.
- Proof of Service of Mailing After Substitute Service:
Document under penalty of perjury used to list all defendants served by
mail as substitute service in lieu of personal service.
- Plaintiff's Declaration: Written Statement under oath by
Plaintiff as evidence.
- Application and Order for Appointment of a Guardian ad Litem:
Required if the plaintiff is a minor under the age of 18. A guardian is
required to litigate the action on behalf of the minor plaintiff.
- Fee Waiver: You may fill out an In Forma Pauperis form
stating that due to your financial circumstances you are unable to
afford the court filing fees.
- Request to Postpone Small Claims Hearing
- Request to Amend Party Name Before Hearing: You will need
this form if you need to substitute the proper name of a party for a
Doe name or you have determined that you have improperly named the
- Defendant's Claim and Order to Plaintiff: Applicable if
defendant files a counterclaim against the plaintiff.
- Request to Dismiss Your Case: Required if settle or do not
want to continue your case.
- Small Claims Subpoena for Personal Appearance and Production
of Documents and Things at Trial or Hearing and Declaration: Used
to force a witness to testify at trial and/or produce documents.
- Authorization to Appear on Behalf of Party: Document
necessary if you have an attorney representing you in a jurisdiction
allowing legal representation at the hearing.
- Notice of Entry of Judgment: You must file the order by
the judge detailing the judgment. Judgment must be entered before you
can collect the damage award.
- Notice of Appeal: Used to appeal a judgment.
- Notice of Motion and Declaration: Required if you are
filing a motion with the court. Typically you will not need to file a
motion with the court unless you are requesting a default judgment.
- Notice of Motion to Vacate Judgment and Declaration: The
defendant would file this type of motion to contest a default judgment.
As plaintiff you could file a Notice of Renewal of Judgment if the
motion was granted.
- Request for Dismissal: This is a request the defendant
will file to ask the court to dismiss the action as there is no legal
basis in law or fact for the action.
- Application and Order to Produce Statement of Assets and to
Appear for Examination: Given the defendant is an airline the court
will likely dismiss your application to examine the airline's assets to
make sure the airline can pay the judgment requested if awarded in
To see examples of the most common forms you may
require, take a look at SAMPLE SMALL CLAIMS FORMS for California, Florida and