Small Claims Court FAQ
Answers to the most common questions about small claims court. Can't find your question? Check your state guide for state-specific answers.
What is small claims court?
Small claims court is a special division of the court system designed for quick, inexpensive resolution of disputes involving small amounts of money. Cases are heard by a judge (no jury), rules are simplified, and most people represent themselves without a lawyer. Filing fees are low ($15-400 depending on state and claim amount), and cases are typically heard within 30-90 days of filing.
How much can I sue for in small claims court?
It depends on your state. Limits range from $2,500 (Kentucky) to $25,000 (Delaware and Tennessee). Most states fall between $5,000 and $12,500. If your claim exceeds your state's limit, you can reduce your claim to fit, or file in regular civil court (which is more expensive and complex).
How much does it cost to file?
Filing fees typically range from $15 to $200, depending on your state and the amount you're suing for. Additional costs include service of process ($25-100) and potentially the cost of sending a demand letter via certified mail ($5-15). If you can't afford the filing fee, every state offers fee waivers for low-income filers.
Do I need a lawyer?
In most cases, no. Small claims court is designed for self-representation. In 12 states, lawyers aren't even allowed at the hearing. However, you can always consult with a lawyer before your hearing to help prepare your case. If the other side has a lawyer and your state allows them, you may want one too.
How long does a small claims case take?
From filing to hearing, typically 30-90 days. The hearing itself usually lasts 15-30 minutes, and many judges announce their decision the same day. If the defendant appeals, add another few months. Collection, if the defendant doesn't pay voluntarily, can take additional time.
What kinds of cases can I file?
Any dispute where you're asking for money can usually be filed in small claims court: unpaid debts, security deposit disputes, car accident damage, contractor disputes, defective products, breach of contract, property damage, and more. You cannot use small claims court for divorces, custody, name changes, evictions (in most states), or to force someone to do something (only money damages).
What evidence should I bring?
Bring everything that supports your case: contracts, receipts, photos, text messages, emails, bank statements, repair estimates, and witness contact information. Make three copies — one for the judge, one for the defendant, one for yourself. Organize documents chronologically and label them clearly.
What if the defendant doesn't show up?
If the defendant was properly served and doesn't appear, the judge will likely enter a 'default judgment' in your favor. You'll still need to present basic evidence supporting your claim amount. The defendant may later be able to ask the court to set aside the judgment if they had a valid reason for not attending.
What if I lose?
Your options depend on your state. In some states, only the defendant can appeal. In others, either party can appeal within a certain timeframe (typically 10-30 days). An appeal usually means a new trial in a higher court. If you can't appeal, the case is over.
How do I collect my judgment?
The court does not collect money for you. If the defendant doesn't pay voluntarily, you have several legal tools: wage garnishment, bank account levy, property lien, and debtor examination. These vary by state. Interest typically accrues on unpaid judgments at 5-10% per year.
Can I sue someone in a different state?
You generally file in the state where the defendant lives, where the business is located, or where the dispute happened. If the defendant is in a different state, you may need to file in their state's small claims court, which could require you to travel for the hearing.
Do I have to send a demand letter first?
It's not legally required in most states, but it's strongly recommended. A demand letter often resolves the dispute without court. It also shows the judge you tried to resolve things reasonably, and creates a paper trail. Some states or specific case types do require a demand letter before filing.
Can businesses file in small claims court?
Yes, in most states. However, some states have lower dollar limits for businesses (California limits businesses to $6,250 vs. $12,500 for individuals). Some states also limit how many cases a business can file per year.
What if I can't afford the filing fee?
Every state offers fee waivers (called 'In Forma Pauperis' applications). If your income is below a certain level, the court can waive the filing fee entirely. Ask the court clerk for a fee waiver application when you file.
Can I email my demand letter instead of mailing it?
You can, but it’s much weaker than certified mail. With email, the other party can claim they never received it, it went to spam, or it was sent to the wrong address. Judges expect to see a certified mail receipt as proof you attempted to resolve the dispute. For the strongest case, send your letter via USPS Certified Mail — you’ll get a signed delivery receipt that serves as evidence in court. If you want to cover all bases, send it by both email and certified mail.
Can I sue my landlord in small claims court?
Yes. Common landlord lawsuits include security deposit disputes, failure to make repairs, illegal deductions, and habitability issues. Check your state guide for specific rules about landlord-tenant cases in small claims court.
Ready to get started?
Most people start with a demand letter — our free guide shows you how.