Small claims court lets you sue for money damages without an attorney, for amounts up to a state-specific limit ($2,500 to $25,000). It's designed for everyday disputes: unpaid loans, security deposit theft, property damage, contractor disputes, and minor accidents. Filing is simple and fees are low — usually $30-$150. Use this guide to find your state's limit, fees, and process. This tool provides general information only, not legal advice. Consult a licensed attorney for legal guidance specific to your situation.
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The 6-Step Small Claims Process
Send a Demand Letter
Write a formal letter stating what you're owed, the legal basis, and a deadline to pay (typically 14-30 days). Keep a copy. Many states require this before filing, and it shows the judge you tried to resolve it first.
File Your Claim
Go to the courthouse serving the defendant's location (or where the dispute occurred). Fill out a claim form with the defendant's full legal name and address, the amount you're claiming, and a brief description. Pay the filing fee ($30-$300 depending on state and amount).
Serve the Defendant
The defendant must be legally "served" — notified of the lawsuit. Most courts handle this by certified mail. Some require a sheriff or process server. Keep your proof of service. If service fails, the case may be dismissed.
Prepare Your Evidence
Gather: contracts, receipts, invoices, text messages, emails, photos, bank statements, and witnesses. Organize your evidence chronologically. Prepare a one-page summary of your case. Know the specific dollar amount you're claiming and be ready to explain how you calculated it.
Attend the Hearing
Arrive early. Dress professionally. Address the judge as "Your Honor." Stick to the facts and the money — small claims judges don't want emotional stories, they want documentation. Present your evidence and let the defendant respond. Hearings typically last 10-30 minutes.
Collect Your Judgment
Winning the case doesn't automatically get you paid. If the defendant doesn't pay voluntarily, use wage garnishment, bank account levy, or property lien to collect. Each state has specific collection procedures requiring additional court filings.
How to Win Your Small Claims Case
Small claims court has a roughly 70% plaintiff win rate when the plaintiff shows up prepared. The most common reasons plaintiffs lose aren't the merits — they're lack of documentation, showing up without evidence, or filing against the wrong party.
Sue the Right Party
If the other party is a business, get their legal name — the LLC or corporation name, not just the trade name. "Bob's Plumbing" might be legally "R.B. Johnson LLC." You need the legal entity name to get a judgment. Look up the business name on your state's Secretary of State website. If you sue the wrong name, the judgment may be uncollectible.
File in the Right Court
Small claims is typically filed in the court serving the defendant's county. For contract disputes, you may be able to file where the contract was to be performed. For property damage, where the damage occurred. Filing in the wrong court wastes your filing fee and delays your case.
The Demand Letter Is Key
Before filing, send a demand letter by certified mail. It needs to state: exactly what happened, the amount you're owed, your calculation method, and a deadline (2-3 weeks). The certified mail receipt proves the defendant received notice. Judges look favorably on plaintiffs who tried to resolve disputes before filing — and sometimes the demand letter gets you paid without ever going to court.
Calculate Your Damages Precisely
Know your exact dollar amount and be ready to explain the calculation. For property damage: repair quotes or receipts. For unpaid work: invoices. For security deposits: the amount paid minus any legitimate deductions (documented). Vague claims like "I'm owed about $3,000" are less persuasive than "$2,847 — here's the invoice." Ask for the maximum you can justify — courts can only award what you ask for.
FAQ
Is this small claims court guide free?
Yes, completely free with no signup required. This tool provides general information only, not legal advice. Consult a licensed attorney for legal guidance specific to your situation.
What is the maximum amount you can sue for in small claims court?
It varies by state: California allows up to $12,500 ($6,250 for businesses), Tennessee and Georgia allow $25,000, while most states fall in the $5,000-$15,000 range. Delaware and Kentucky are at the lower end at $15,000. Use this tool to look up your specific state's current limit.
Do I need a lawyer for small claims court?
In most states, you don't need a lawyer — and in some states (California, Michigan), lawyers are actually prohibited from representing clients in small claims court. The whole point is that it's a simplified process for self-represented parties. That said, if the defendant has an attorney and your state allows it, or if the amount is close to the maximum limit, consulting an attorney beforehand can help you prepare.
What types of cases can be filed in small claims court?
Common small claims cases include: unpaid loans between individuals, security deposit disputes, property damage claims, contractor disputes for work not completed or done poorly, product defect claims, and minor car accident damages. You cannot file criminal cases, claims for injunctions, family law matters (divorce, custody), or cases that require complex legal remedies in small claims.
What happens if I win a small claims judgment but the defendant won't pay?
Winning a judgment doesn't guarantee payment. Collection methods include: wage garnishment (taking money directly from their paycheck), bank account levy (freezing and seizing bank funds), property liens (attaching the debt to their property), and seizure of personal property through a sheriff. Each state has different procedures — you typically need to file additional paperwork after the judgment to start collection.
What is a demand letter and do I need to send one before filing?
A demand letter is a written notice to the other party stating what you're owed and giving them a deadline to pay before you file a lawsuit. Many states require or strongly recommend sending one before filing small claims. It also demonstrates good faith to the judge. A demand letter should state: the amount owed, the basis of the claim, a payment deadline (typically 14-30 days), and consequences of non-payment (small claims filing).