Most people who lose winnable small claims cases do not lose because they had weak evidence. They lose because they did not know how to present strong evidence clearly. They talked too long, went off on emotional tangents, addressed the defendant instead of the judge, forgot key points when the judge asked questions, or failed to connect their documents to their claim in a way the judge could follow. The evidence was there. The presentation was not.
This guide gives you exactly what to say — word for word — in every phase of a small claims hearing. The opening statement, the evidence presentation, the response to the defendant’s arguments, the answers to the judge’s questions, and the closing request. Scripts are included for the most common case types: security deposit, unpaid invoice, contractor dispute, vehicle damage, and personal loan. Read through the script for your case type, practice it out loud at least twice before your hearing date, and bring written notes to refer to.
Preparation happens before you arrive, not in the parking lot. The night before your hearing:
Understanding the structure before you arrive prevents confusion about when to speak and what is expected of you.
Each phase is covered below with specific language to use.
When the judge calls your case, stand, state your name clearly, and confirm your role:
“Your Honor, my name is [FULL NAME]. I am the plaintiff in this matter.”
If the defendant is present, they will identify themselves next. If the defendant is not present, say:
“Your Honor, the defendant does not appear to be present. Service was completed on [DATE], as shown in the proof of service on file with the court. I respectfully request a default judgment.”
Your opening statement should be 60 to 90 seconds. It tells the judge who you are, who the defendant is, what happened in one sentence, and what you are asking for. Nothing more. Save the details for the evidence presentation.
The universal opening formula:
“Your Honor, I am here today because [DEFENDANT NAME] owes me $[AMOUNT] for [ONE-SENTENCE DESCRIPTION OF THE DISPUTE]. I will show you [DESCRIBE EVIDENCE IN ONE SENTENCE — a signed contract, payment records, and photographs]. I am asking the court to award me $[TOTAL AMOUNT] including [principal / penalties / court costs].”
“Your Honor, I am here today because my former landlord, [LANDLORD NAME], has failed to return my security deposit of $[AMOUNT] after I vacated the property at [ADDRESS] on [DATE]. Under [STATE] law, [STATUTE], the landlord was required to return my deposit within [X] days. That deadline was [DEADLINE DATE] — [NUMBER] days ago. I will show you my lease, my payment records for the deposit, photographs of the unit at move-out, and the relevant statute. I am asking the court to award me $[AMOUNT] — the unreturned deposit plus the statutory penalty under [STATUTE].”
“Your Honor, I am here today because [DEFENDANT NAME] owes me $[AMOUNT] for [DESCRIBE SERVICES] that I completed in full in [MONTH/YEAR]. I submitted my invoice on [DATE]. Despite multiple requests for payment, including a formal demand letter sent on [DATE], I have received nothing. I will show you the signed contract, the invoice, my bank records confirming no payment was received, and our written communications. I am asking the court to award me $[AMOUNT] plus court costs.”
“Your Honor, I am here today because [CONTRACTOR NAME] accepted $[AMOUNT] to [DESCRIBE WORK] at my property, failed to [complete the work / performed defective work], and has not refunded or remedied the situation despite my written demand. I will show you the signed contract, my payment records, photographs of the [incomplete / defective] work, and written estimates from two other licensed contractors documenting the cost to [complete / correct] the work. I am asking the court to award me $[AMOUNT].”
“Your Honor, I am here today because [DEFENDANT NAME] damaged my vehicle on [DATE] at [LOCATION]. The total repair cost is $[AMOUNT], documented by [a completed repair invoice / two independent repair estimates]. I will show you photographs of the damage, the police report from the incident, and the repair documentation. I am asking the court to award me $[AMOUNT] for the cost of repair.”
“Your Honor, I am here today because [DEFENDANT NAME] borrowed $[AMOUNT] from me on [DATE] and has not repaid it despite agreeing to do so. I will show you [the written loan agreement / bank records showing the transfer / text messages in which the defendant acknowledged the debt and promised repayment]. I am asking the court to award me $[OUTSTANDING BALANCE] — the amount still owed.”
After your opening statement, walk through your evidence exhibit by exhibit. Reference each exhibit by number as you hand it up. The judge gets one copy, the defendant gets one copy, you keep one.
The evidence presentation formula for each exhibit:
“Your Honor, I am handing up what I have marked as Exhibit [NUMBER]. This is [DESCRIBE THE DOCUMENT — what it is, the date, and what it shows]. As you can see, [POINT OUT THE SPECIFIC RELEVANT DETAIL].”
“Your Honor, Exhibit 1 is the lease agreement dated [DATE], signed by both myself and [LANDLORD NAME]. Please direct your attention to paragraph [X], which shows the security deposit amount of $[AMOUNT] and the conditions for its return.”
“Your Honor, Exhibit 2 is my bank statement from [DATE] showing the $[AMOUNT] security deposit payment to [LANDLORD NAME] clearing my account.”
“Your Honor, Exhibits 3 through 7 are timestamped photographs. Exhibits 3 and 4 were taken on [MOVE-IN DATE] — they show the condition of the kitchen and bathroom when I moved in. Exhibits 5, 6, and 7 were taken on [MOVE-OUT DATE], the day I returned the keys — they show the same areas in the same or better condition.”
“Your Honor, Exhibit 8 is a printout of [STATE] [STATUTE], which requires the landlord to return the security deposit within [X] days of the tenant vacating. My move-out date was [DATE]. The deadline was [DEADLINE DATE]. As of today, [NUMBER] days have passed without return of my deposit.”
Small claims judges ask questions frequently — sometimes in the middle of your presentation, sometimes after. This is a sign they are engaged. Answer directly and concisely. Do not volunteer information beyond what the question asked. Do not argue with the question.
“When exactly did you move out?”
“Your Honor, I moved out on [DATE]. I returned the keys on that date and received a signed receipt, which is Exhibit [X].”
“Did the landlord give any reason for withholding the deposit?”
“Your Honor, [I received no response at all / I received an itemized statement on [DATE], which is Exhibit [X]. I dispute those deductions because [brief reason — e.g., the damage claimed pre-existed my tenancy as shown in my move-in photographs].]”
“Did you leave the apartment in good condition?”
“Your Honor, yes. Exhibits [X] and [Y] are photographs taken on my move-out date showing the unit clean and undamaged. I also had the carpets professionally cleaned, shown in Exhibit [Z].”
“How did you arrive at the dollar amount you are claiming?”
“Your Honor, I am claiming $[DEPOSIT AMOUNT] — the full unreturned deposit — plus $[PENALTY] under [STATUTE], which allows [double / triple] damages for wrongful withholding. The total is $[AMOUNT].”
“I don’t understand — can you explain that again?”
If the judge asks you to clarify, slow down and restate the point more simply. Say: “Of course, Your Honor. What I mean is [SIMPLER RESTATEMENT].” Never respond with frustration or impatience.
If you do not know the answer to a question:
“Your Honor, I don’t have that information with me today, but I can provide it in writing to the court if that would be helpful.”
When the defendant presents their side, do not interrupt. Do not react visibly — no eye-rolls, sighs, or head shaking. Take notes. Write down:
If the defendant presents a document you have never seen, you may politely ask the judge for a moment to review it: “Your Honor, may I have a moment to review this document?” The judge will typically allow it.
Your rebuttal is your opportunity to respond to specific points the defendant raised. Keep it focused and brief. Do not repeat your entire opening statement — address only what the defendant said that requires a response.
The rebuttal formula:
“Your Honor, I would like to briefly respond to [SPECIFIC POINT THE DEFENDANT MADE]. [Your response]. As shown in Exhibit [X], [the evidence contradicts their claim / supports my position].”
“Your Honor, the defendant claims the carpet was damaged by my pets. As shown in Exhibits 3 and 4 — photographs taken on my move-in date — the carpet was already stained before I moved in. The damage they are describing pre-existed my tenancy.”
“Your Honor, the defendant claims I owe an additional $500 for cleaning. My lease, Exhibit 1, does not require professional cleaning unless the unit is left in an unclean condition. Exhibits 5 through 7 show the unit clean and undamaged on my move-out date.”
“Your Honor, the defendant’s contractor estimate showing $2,000 in damage was prepared by someone they hired after the dispute began. My independent estimates — Exhibits 8 and 9 — were prepared by two unrelated licensed contractors who inspected the same work and found the completion cost to be $1,200 and $1,350 respectively.”
After your rebuttal, the judge may ask if you have anything to add. This is your closing. Keep it to two or three sentences:
“Your Honor, the evidence is clear. [DEFENDANT NAME] received $[AMOUNT] from me, failed to [return the deposit / complete the agreed work / repay the loan], and ignored my written demand for payment. I respectfully ask the court to enter judgment in my favor for $[TOTAL AMOUNT] including [the principal amount / statutory penalties / court costs].”
Then stop. Do not keep talking. Judges appreciate concise, confident closing requests far more than extended summaries.
Just as important as what to say is what to avoid:
| Don’t Say This | Say This Instead | Why |
|---|---|---|
| “He’s a liar and a thief.” | “The defendant’s claim is contradicted by Exhibit 3.” | Personal attacks reduce your credibility — documents don’t |
| “This has been incredibly stressful for me.” | “I have been unable to secure new housing without this deposit.” | Judges decide on facts and law, not emotional suffering |
| “I know I don’t have the paperwork but…” | Present only what you can document | Flagging weak evidence draws attention to it |
| “That’s not fair!” (responding to defendant) | Take notes and rebut calmly in your turn | Outbursts damage your credibility instantly |
| “I looked this up online and the law says…” | “Under [SPECIFIC STATUTE], the defendant was required to…” | Cite the actual statute, not where you found it |
| Talking directly to the defendant | Address all remarks to the judge | All communication in court goes through the judge |
| Interrupting the defendant’s presentation | Take notes, wait, rebut in your turn | Interruptions irritate judges and undermine your case |
It happens. You get nervous, the defendant says something that throws you off, or the judge asks a question you did not expect. Here is exactly what to do:
Pause. Take a breath. Look at your notes. Say:
“Your Honor, may I have just a moment to collect my thoughts?”
Every judge will say yes. This is not a sign of weakness — it is a sign of composure. Then continue from where you left off or from the next item in your notes.
If you realize mid-presentation that you forgot to mention something important, simply say:
“Your Honor, I should also note that [ADDITIONAL POINT], which is shown in Exhibit [X].”
If the judge rules in your favor, say: “Thank you, Your Honor.” Nothing more. Do not pump your fist, look triumphantly at the defendant, or make any comment about the outcome.
If the judge rules against you, say: “Thank you, Your Honor.” Do not argue with the decision in the courtroom. If you believe the judge made a legal error, the appropriate response is to consult an attorney about the appeal process in your state — not to argue in the courtroom.
If the judge asks follow-up questions after the decision — about payment timing, installment plans, or next steps — answer them directly and professionally.
If you have not yet filed your small claims case, find your state’s complete guide — with the correct forms, filing fees, and step-by-step instructions — using the By State menu above.
For related preparation guides see also:
The ClaimItCourt Editorial Team produces small claims court guides built entirely from primary legal sources — official state court websites, state statutes confirmed via official state legislature databases, court rules, and Administrative Office of the Courts publications. Each guide is cross-referenced against the current official source before publication and updated when statutes change. We cite every specific procedural rule, dollar limit, and deadline directly from the governing statute or court rule so readers can verify any claim independently. ClaimItCourt.com is an independent legal information publisher. We are not a law firm and do not provide legal advice.
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