How to File a Small Claims Court Case
Small claims court handles money disputes from $2,500 to $25,000 (varies by state). You do not need a lawyer. Most states allow lawyers. A few states bar them entirely. Those states are California, Michigan, and Nebraska. First, send a demand letter. Next, file a one-page form at the courthouse. Then have the defendant served. Show your evidence to a judge. If you win, collect the money. You can get the filing fees back.
At a glance
- Cost:
- $30–$75 filing fee + $20–$100 service
- Total time:
- 1–3 months to hearing
- Steps:
- 6 steps
- Where to apply:
- nolo.com
Last reviewed October 2026 against official sources. Re-checked annually · next review due October 2027.
The Steps
Follow these in order
Each card shows the phase, expected time, and any cost. Data checked against official US sources(October 2026).
0 of 6 steps
- Before You Go 20 min
Check your case fits small claims
Limits range from $2,500 (Kentucky) to $25,000 (Tennessee and Delaware). Your case must be about money. Examples are unpaid rent or invoices, security deposits, property damage, and bad work. Small claims court cannot handle evictions, name changes, or divorce. File your case where the defendant lives. Or file where the dispute happened.
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- Before You Go 30 min
Send a demand letter
Before you file, send a clear letter. Email counts if you can prove you sent it. Say what they owe. Say why they owe it. Say the amount. Give a deadline (10–14 days). Many cases end here. The letter also shows the judge you tried in good faith. Judges like to see that.
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- Fill / Prepare 1 hour
File the plaintiff's claim form
Get the form from the small claims clerk. You can also get it from the court's website. Many courts now let you file online. The form asks for the names of both sides. It asks for the amount. It also asks for a short statement of your 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
Someone must serve the defendant in a formal way. You can use a sheriff/court server ($20–$60), a private process server, or certified mail. Some states allow certified mail. You cannot serve it yourself. Service must be done 10–30 days before the hearing. This is a state rule. If service is not valid, there is no hearing. You must file again.
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- Go 15 min hearing
Prepare and present your case
Put your evidence in date order. Bring the contract, payment records, photos, and written messages. Bring a one-page timeline too. Bring two extra copies of everything. Bring your witnesses too. At the hearing, the judge asks each side to explain the case. Be brief. Stick to facts. Answer only what the judge asks. You do not need a lawyer. Most hearings last 10–15 minutes.
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- Receive
Win — then actually collect
A judgment in your favor means the court says the debt is real. It is not a cheque. You still need to collect the money. The defendant may pay on their own. You can ask the court for wage garnishment. The sheriff then takes part of their wages. You can also ask for a bank levy. Or you can put a lien on their property. Judgments last 5–20 years by state. They also grow with interest. If the defendant truly has nothing, collection can take time and patience. But the judgment does not end quickly.
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Be Careful
Don't make these mistakes
Filing a case small claims cannot hear. Small claims court handles money disputes only, from 2,500 to 25,000 dollars depending on the state. It cannot handle evictions, name changes, or divorce.
Skipping the demand letter. Send a clear letter first, stating what they owe, why, and the amount, with a 10 to 14 day deadline. Many cases end here, and the letter shows the judge you tried in good faith.
Serving the defendant yourself. You cannot serve the defendant yourself. Use a sheriff or court server, a private process server, or certified mail where your state allows it. Service must be done 10 to 30 days before the hearing, or there is no hearing.
Serving the wrong business person. Serve the business registered agent, which you can look up for free through your Secretary of State business search. Serving the wrong person or business is the top reason cases get dismissed.
Thinking a judgment is a cheque. A judgment in your favor means the court says the debt is real, but it is not a cheque. You still need to collect, through wage garnishment, a bank levy, or a lien on property.
FAQ
Frequently Asked Questions
Can I bring a lawyer to small claims court?
Usually yes. Most states allow attorneys in small claims court. But the process is made for people to represent themselves. A few states bar attorneys. Those states are California, Michigan, and Nebraska. You can still talk to a lawyer before the hearing to help you prepare.
The defendant is a business. Who do I serve?
Serve the business's "registered agent." You can look up the agent for free. Use your Secretary of State's business search. If the contractor is not registered, serve the owner by name. Serve them at their business address. Serving the wrong person or business is the top reason cases get dismissed.
What if the defendant counter-sues me?
This is common. It is fine. The judge hears both claims at the same hearing. A counterclaim does not mean you did anything wrong. Bring evidence for the first dispute. Bring evidence for the counterclaim too. If the counterclaim is over the small claims limit, the case may move to regular civil court.
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