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Fill and file forms and pay a fee to start a small claims case. Then, have a copy of the forms delivered (served) to whomever you're suing.The judge may give you a "Default Judgment" (a decision given to the Plaintiff when the defendant fails to show up or "defaults"). e. Filing fee information for Civil Limited, Civil Unlimited, Family Law, Small Claims and Probate cases. View filing fee information. A small claims appeal is a "trial de novo" or "new trial. A copy of your Plaintiff's Claim must be given to the person you are suing. An order to show cause (O. If the Plaintiff does refile the case and again fails to appear at trial, the Small Claims Rules say the Court may dismiss with case with prejudice. Petitions to modify a divorce, custody, or parentage decree.