There is a lot to consider in making this decision, so don’t be hasty. Have the attorney tell you the advantages and disadvantages of small claims court versus superior court. On the other hand, if your landlord is suing you in small claims court, you may or may not want to file a counter claim. If you file a counter suit, then you can’t file a lawsuit against the landlord later. We didn't, so we could sue the landlord in superior court if we so chose. So, for example, maybe the small claims court judge rules you don’t owe the landlord any additional money, but that you don’t get your deposit back, either. You may want to sue in superior court for your security deposit, because you’ll have an attorney represent you and therefore have more time to explain your case. This could give you a better chance of recovering your security deposit and also being awarded “bad faith” damages.

In the Preface I provide some Web sites for you to check out, including the Department of Consumer Affairs and the Los Angeles Superior Court. If your case is in California, be sure to read both Web sites as they pertain to small claims court. Otherwise, Google for similar Web sites in your state. Once you read through the information a couple of times, it should be fairly easy to understand what you need to do for small claims court, whether you are the plaintiff or the defendant.