The Complete Process

Small claims court is designed for everyday people without lawyers. Follow these steps and you'll be well-prepared.

Check If Your Claim Qualifies

Every state sets a maximum dollar amount you can sue for in small claims court — ranging from $2,500 in Rhode Island to $25,000 in Tennessee and Delaware. Your claim must be at or below this limit. If it exceeds it, you can voluntarily reduce your claim to fit, or file in a higher court for the full amount.

You also need to be suing for the right type of claim. Small claims courts handle: unpaid money owed, property damage, security deposit disputes, breach of contract, and similar disputes. They don't handle: divorces, evictions in most states, criminal matters, or claims against the government.

💡 Use Our CalculatorEnter your state and claim amount to instantly see if you qualify, what the filing fee is, and how much time you have.

Send a Demand Letter First

Before filing, always send a formal written demand letter. This gives the other party a final chance to resolve the dispute without court. The majority of small claims disputes settle at this stage — saving you time, money, and stress.

Your demand letter should state exactly what happened, the amount owed, and a clear deadline to pay (typically 10–14 days). Send it via USPS Certified Mail with Return Receipt Requested so you have proof it was received.

💡 Generate Your Letter FreeOur demand letter generator creates a professionally formatted letter in 60 seconds, specific to your state and dispute type.

File Your Claim

If the demand letter doesn't resolve things, it's time to file. Go to your local small claims court clerk's office (or their website — many states now allow online filing). You'll fill out a claim form stating who you're suing, for how much, and why.

Pay the filing fee (typically $30–$150 depending on your state and claim amount). The court will give you a case number and a hearing date — usually 30–70 days out.

💡 File in the Right CourtYou must generally file in the county where the defendant lives or does business, or where the incident occurred. Filing in the wrong court can result in dismissal.

Serve the Defendant

The defendant must be officially notified about the lawsuit — this is called "service of process." In many states, the court handles this for you via certified mail. In others, you may need to arrange personal service through a process server or sheriff's office.

Keep records of everything: when service was attempted, when it was completed, and any receipts. If service fails, the case cannot proceed.

Prepare Your Case

This is where most people win or lose. Judges decide cases based on evidence — whoever presents the clearest, most organized evidence typically wins. You don't need to be a lawyer, but you do need to be organized.

Bring everything relevant: contracts, receipts, photos, bank statements, text messages, emails, and any witness information. Organize it chronologically. Know your three or four key points and be ready to state them clearly in under two minutes.

💡 Get Your Evidence ChecklistOur tool generates a custom evidence checklist based on who you're suing — landlord, contractor, employer, retailer, or individual.

The Hearing Day

Arrive 15–20 minutes early. Dress professionally — business casual at minimum. Bring multiple copies of all your documents (one for the judge, one for the defendant, one for yourself).

When it's your turn, speak directly to the judge (not the defendant). Be brief, factual, and organized. State your amount, why you're owed it, and walk through your evidence. Answer questions honestly and don't exaggerate.

✅ Do This

  • Speak to the judge, not the defendant
  • Be brief and factual
  • Show your evidence clearly
  • Bring a written summary of key points
  • Stay calm if the defendant lies

❌ Avoid This

  • Getting emotional or angry
  • Interrupting the other party
  • Bringing irrelevant information
  • Exaggerating your damages
  • Forgetting to ask for your filing fees back

After the Judgment

If you win, the judge will issue a judgment in your favor. But here's what many people don't know: a judgment doesn't automatically put money in your pocket. The defendant must pay voluntarily, or you must enforce the judgment.

If the defendant doesn't pay, you have legal tools available: wage garnishment (a portion of their paycheck goes directly to you), bank account levies, and property liens. Check your state's specific enforcement rules.

💡 Judgments Don't Expire ImmediatelyMost state judgments are valid for 5–10 years and can be renewed. You have time to collect — but start the enforcement process sooner rather than later.

Common Questions

Ready to take your first step?

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