Legal Glossary
The law, in plain English.
Every term you are likely to encounter in a demand letter, small claims filing, or dispute resolution — defined without the legalese. Use the index below to jump to any letter.
A
- Affidavit
- A written statement of facts made under oath, signed before a notary. Commonly used as evidence in small claims when a witness cannot attend the hearing.
- Answer
- The defendant's written response to a complaint or small claims filing. In most states, a defendant is not required to file an answer in small claims — appearing at the hearing is enough.
- Arbitration
- A private dispute-resolution process in which a neutral arbitrator renders a binding or non-binding decision. Not the same as court, and often required by a contract before litigation.
B
- Breach of contract
- One party fails to perform a duty required by a contract — payment, delivery, quality standards, or any other promised performance. The most common basis for a Sue.com demand letter.
- Burden of proof
- The obligation to prove a claim. In small claims (a civil matter), the burden is a "preponderance of the evidence" — more likely than not that your version is correct.
C
- Cause of action
- The legal theory that entitles you to a remedy — for example, breach of contract, unjust enrichment, or statutory violation. Every letter or filing rests on at least one cause of action.
- Certified Mail
- A USPS service that provides a mailing receipt and a delivery record signed by the recipient. Required for most demand letters because it establishes that the letter was received on a specific date.
- Claim
- A demand for money, property, or legal remedy. In small claims, the "claim" is the case number assigned when you file.
- Complaint
- The formal document that starts a lawsuit, stating the facts, the parties, and the relief sought. In small claims, this is often called a "Statement of Claim" or "Plaintiff's Claim."
- Consideration
- Something of value exchanged between parties to form a contract — money, services, goods, or a promise. Without consideration, there is no enforceable contract.
- Contract
- A legally enforceable agreement between two or more parties, oral or written. Most demand letters cite a contract (express, implied, or a written agreement) as the basis for the amount owed.
- Counterclaim
- A claim brought by the defendant against the plaintiff in the same case. If you file against someone and they believe you owe them, they may file a counterclaim at the hearing.
D
- Damages
- The money a court awards to compensate for harm or loss. Categories include actual (compensatory), punitive, statutory, consequential, and liquidated damages.
- Default judgment
- A judgment entered in the plaintiff's favor when the defendant fails to appear or respond. One of the most common outcomes in small claims. It is real and enforceable.
- Defendant
- The party being sued or against whom a claim is made. In a demand letter, this is the recipient.
- Demand letter
- A formal written request that the recipient pay, perform, or stop an action — often a prerequisite to filing suit. Sue.com's core product is an attorney-reviewed demand letter mailed via USPS Certified Mail.
- Deposition
- Out-of-court testimony given under oath, recorded by a court reporter. Depositions are rare in small claims because of the simplified process.
- Discovery
- The pre-trial exchange of evidence between parties. In small claims, discovery is limited or non-existent in most states — another reason the process is faster than regular civil court.
- Due process
- The constitutional right to fair notice and an opportunity to be heard before being deprived of life, liberty, or property. Service of process in small claims exists because of due process.
E
- Eviction
- A legal process to remove a tenant from a property. Evictions are typically handled in landlord-tenant court, not small claims, though related money damages can be pursued in small claims.
- Evidence
- Any document, testimony, or physical item presented to prove or disprove a fact. The hearing-day brief in your Sue.com packet tells you the order in which to present your evidence.
- Exhibit
- A piece of documentary evidence labeled for identification at a hearing (e.g., "Exhibit A — Invoice"). Our small claims packets include a pre-built exhibit index.
F
- Filing fee
- The fee charged by the court clerk to file a case. In small claims, typically $30 to $75, paid at the time of filing. Waivable if you qualify for hardship.
G
- Garnishment
- A post-judgment collection method by which a court orders a third party (usually an employer or bank) to withhold money to satisfy a judgment.
H
- Hearing
- The court proceeding where each side presents evidence and the judge issues a ruling. Small claims hearings are short — often 15 to 30 minutes — and take place in a single session.
J
- Judgment
- The court's final decision, including the amount of money owed (if any) and to whom. A judgment is a legally enforceable debt until paid or satisfied.
- Judgment creditor
- The party in whose favor a judgment is entered. If you win, you become a judgment creditor.
- Judgment debtor
- The party against whom a judgment is entered. The judgment debtor owes the judgment amount to the judgment creditor.
- Jurisdiction
- A court's power to hear a specific case. Small claims courts have limited jurisdiction — a state-specific dollar cap and subject-matter restrictions (typically money disputes only).
L
- Lien
- A legal claim against property that secures payment of a debt. Judgment creditors can sometimes record a lien against the judgment debtor's real estate.
- Liquidated damages
- A specific dollar amount of damages agreed upon in a contract in advance. Common in leases, service agreements, and professional contracts.
M
- Mediation
- A voluntary process in which a neutral mediator helps two parties reach a settlement. Many small claims courts offer or require mediation before the hearing.
- Motion
- A formal request for the court to make a specific ruling. Rare in small claims because of the simplified process, but occasionally used (e.g., motion for continuance).
N
- Notice
- Formal communication of a legal event — typically delivered via Certified Mail, a process server, or the sheriff. Demand letters function as informal notice of intent to sue.
P
- Plaintiff
- The party who brings the case. In a demand letter, this is the sender. In a small claims filing, this is the filer.
- Pleadings
- The written documents filed with the court that state each party's claims and defenses. In small claims, pleadings are usually just the Plaintiff's Claim form.
- Pro se
- Representing yourself in court without a lawyer. Small claims was designed for pro se litigants, which is why it is accessible and our packets are structured the way they are.
- Promissory note
- A signed written promise to pay a specific amount of money by a specific date. A classic "personal loan" document and strong evidence in a collection case.
- Punitive damages
- Damages designed to punish wrongful conduct, not just compensate loss. Rare in small claims; reserved for willful, malicious, or fraudulent behavior, and often capped by statute.
Q
- Quit claim deed
- A legal instrument transferring whatever interest the grantor has in a property — with no warranty. Relevant in some property-related disputes but generally outside small claims.
R
- Remedy
- The legal relief a court can provide — damages, an order of performance, an injunction. Small claims courts grant money damages almost exclusively.
- Restitution
- The return of money or property to the rightful party. A common remedy in contract and consumer disputes.
- Return Receipt
- The green card (or digital equivalent) returned to the sender after USPS Certified Mail is delivered and signed for. Your proof-of-delivery document.
S
- Security deposit
- Money held by a landlord at the start of a lease to cover potential damage or unpaid rent. Every U.S. state has a specific statute governing when and how it must be returned.
- Service of process
- The formal delivery of court papers to a defendant, required by due process. Methods and fees vary by state — our small claims packet includes your county's specific rules.
- Settlement
- An agreement resolving a dispute without a court ruling, usually involving payment in exchange for a release of claims. The most common outcome after a demand letter.
- Small claims court
- A simplified state court for disputes under a statutory dollar cap. Designed for pro se litigants, with streamlined procedures and low filing fees.
- Standing
- The legal right to bring a particular case, typically requiring that you be the party actually harmed. You cannot file someone else's claim in small claims.
- Statute
- A written law passed by a legislature. Demand letters often cite specific statutes (e.g., California Civil Code § 1950.5 for security deposits) to strengthen the claim.
- Statute of limitations
- The deadline for filing a lawsuit. Typically two to six years for breach of contract, depending on the state. Once it passes, your claim is time-barred.
- Subpoena
- A court order compelling a witness to appear or produce documents. Rarely used in small claims because of time and procedural constraints.
- Summons
- The court document that notifies a defendant of a lawsuit and the required response. In small claims, often combined with the Plaintiff's Claim into one form.
T
- Tenant
- A party renting property under a lease. Tenant-side disputes (security deposits, uninhabitable conditions, overcharges) are among the most common small claims filings.
- Testimony
- A witness's sworn statements given at a hearing or deposition. In small claims, plaintiff and defendant each give short testimony, then the judge may ask questions.
- Tort
- A civil wrong — other than breach of contract — that causes harm and gives rise to liability. Examples: property damage, defamation, conversion.
U
- Uniform Commercial Code (UCC)
- A standardized set of laws governing commercial transactions, adopted in some form by every U.S. state. Frequently cited in disputes involving goods, leases, and sales.
V
- Venue
- The specific county or court location where a case is filed. Small claims venue rules typically require filing where the defendant lives or where the transaction occurred.
- Verdict
- A decision on the facts of a case. In small claims, the judge issues the verdict on the spot or by mail within a few days.
W
- Waiver
- The voluntary giving up of a legal right. Contracts often contain waiver clauses — read them carefully before signing any settlement agreement.
- Witness
- A person who provides testimony about facts they observed. In small claims, witnesses typically appear in person; affidavits are used for those who cannot.
- Writ
- A court order directing a specific action — for example, a writ of execution authorizing the sheriff to seize a judgment debtor's property.
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