How to File a Small Claims Court Case
Small claims court handles disputes under $5,000–$25,000 (varies by state) without lawyers — most states ban them entirely. Send a demand letter first, file a one-page form at the courthouse, have the defendant served, present your evidence to a judge, and collect if you win. No lawyer needed, and filing fees are recoverable.
The Steps
Follow these in order
Each card shows the phase, expected time, and any cost. Data checked against official US sources(2025-Latest).
0 of 6 steps
- Before You Go 20 min
Check your case fits small claims
Limits range from $5,000 (several states) to $25,000 (Tennessee). Cases must be money disputes — unpaid rent or invoices, security deposits, property damage, bad workmanship. Small claims cannot handle evictions, name changes, or divorce. Sue where the defendant lives or where the dispute happened.
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- Before You Go 30 min
Send a demand letter
Before filing, send a clear letter (email counts if you can prove delivery): what they owe, why, the amount, and a deadline (10–14 days). Many cases settle here — and the letter becomes evidence of your good-faith attempt, which judges like to see.
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- Fill / Prepare 1 hour
File the plaintiff's claim form
Get the form from the small claims clerk (or the court's website — many now e-file). It asks for the parties' names, the amount, and a short statement of the claim. File in the right court (defendant's county/city), pay $30–$75, and get your case number and hearing date.
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- Submit & Pay 1–2 weeks
Serve the defendant properly
The defendant must be formally served: sheriff/court server ($20–$60), private process server, or certified mail (allowed in some states). You cannot serve it yourself. Service must complete 10–30 days before the hearing (state rule). No valid service = no hearing, and you re-file.
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- Go 15 min hearing
Prepare and present your case
Organize evidence chronologically: contract, payment records, photos, written messages, and a one-page timeline. Bring two extra copies of everything and your witnesses. At the hearing, the judge asks each side to explain — be brief, factual, and answer only what is asked. No lawyer needed; most hearings last 10–15 minutes.
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- Receive
Win — then actually collect
A judgment in your favor is legal recognition of the debt, not a cheque. Collect via: voluntary payment, wage garnishment (file with the court, sheriff levies wages), bank levy, or a lien on property. Judgments last 5–20 years by state and accrue interest. If the defendant truly has nothing, collection can take patience — but the judgment does not expire quickly.
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FAQ
Frequently Asked Questions
Can I bring a lawyer to small claims court?
In most states, no — lawyers are barred in small claims precisely to keep it cheap and informal (California, Michigan, and others). A few states allow them. Either way, you can consult a lawyer beforehand to prepare.
The defendant is a business. Who do I serve?
Serve the business's "registered agent" — look it up free on your Secretary of State's business search. For unregistered contractors, serve the owner by name at their business address. Serving the wrong entity is the top reason cases get dismissed.
What if the defendant counter-sues me?
Common and fine — the judge hears both claims at the same hearing. A counterclaim does not mean you did anything wrong; just bring evidence on both the original dispute and the counterclaim. If the counterclaim exceeds the small claims limit, the case may move to regular civil court.
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