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You or your attorney should go to the Small Claims Division of the District Court in the county where the person or business you wish to sue lives or has an office, and file a Statement of Claim (Complaint) form. Statement of Claim (Complaint-General) . This form is available in the Clerk's Office.
1 Wait 30 days. 2  If you are not paid in 30 days (the full amount of the check plus the cost of certified mail and your bank fees), then file a claim in small claims court for the amount of the check and your bank fees, plus the statutory damages of 3 times the amount of the check, up to an additional $1,500.ile a copy of your rejection letter with your small claims court claim. Note: You cannot sue a federal government agency in small claims court! To present your claim to the government agency Get an official form from the agency: 1  If your claim is against your county government, get the forms from the county clerk.