How to File a Small Claims Case

Small claims court lets you sue someone for money — often for a few thousand dollars up to a state-set maximum, commonly somewhere between $2,500 and $25,000 — without needing a lawyer, and with a faster, less formal process than regular civil court. The tradeoff is that once you win, collecting the money is still on you.

Check your state's dollar limit

Every state sets a maximum amount you can sue for in small claims court, and that limit varies quite a bit from state to state. If your claim is worth more than the limit, you can still file in small claims by agreeing to waive the excess amount; you just can't recover more than the cap allows.

Make sure it's the right case and the right court

Small claims court generally handles disputes over money (unpaid debts, property damage, breach of a small contract, a withheld security deposit) rather than things like custody or divorce. You also need to file in the correct location, usually where the defendant lives or does business, or where the underlying incident happened.

Try to resolve it before you file

Many small claims courts expect (and some require) that you've made an actual attempt to resolve the dispute first, such as a written demand for payment. Even where it's not required, sending a clear demand letter first is good practice. It creates a paper trail and sometimes resolves the issue without a filing at all.

File the claim and name the right defendant

You'll complete a claim form at the courthouse (or often online) and pay a filing fee, typically $30 to $100. Getting the defendant's legal name right matters. For a business, that means the correct registered business name, not just the name on the sign, since a judgment against the wrong entity may not be enforceable.

Serve the defendant and prepare your evidence

The defendant has to be formally notified of the case, usually by certified mail or through the sheriff's office, depending on your court's procedure. In the meantime, gather everything that supports your claim: receipts, contracts, photos, texts or emails, and a simple written timeline of what happened. The hearing itself is often brief.

The hearing, and collecting if you win

Small claims hearings are informal and quick; many states don't allow either side to bring a lawyer, and the judge often rules the same day. Winning the case only gets you a judgment, though. If the defendant doesn't pay voluntarily, you may need to pursue separate collection steps like wage garnishment or a bank levy, which is a different process than the small claims case itself.

Frequently asked questions

Can I bring a lawyer to small claims court?

Many states either bar or discourage attorneys in small claims court specifically to keep it accessible without one. Check your local court's rules before assuming either way.

What if I win but the other person still doesn't pay?

A judgment isn't automatically collected for you. You may need to pursue additional steps like garnishing wages or levying a bank account, which typically requires separate paperwork after the judgment.

Can a business file a small claims case?

Generally yes, though some states limit how a business can be represented in small claims court (for example, requiring an owner or employee rather than an outside lawyer).

What happens if the defendant doesn't show up to the hearing?

The court can typically enter a default judgment in your favor, as long as the defendant was properly served with notice of the case.

Can I appeal if I lose in small claims court?

Usually yes, within a limited window, though the rules vary: some states only allow the defendant to appeal, while others allow either side.

How long does a small claims case usually take?

Often a few weeks to a couple of months from filing to judgment, which is considerably faster than regular civil court.

This guide is general information, not legal advice. Read our legal disclaimer before relying on anything here for your own situation.