How to File a Small Claims Case

Figure out who and where to sue

First, get two things right — who you're suing and which court hears it. Getting these wrong is one of the most common ways a winnable case falls apart, so it's worth a few minutes up front.

• Who: For a person, use their full legal name. For a business, you need the registered legal entity (like "Acme Plumbing LLC"), not the name on the sign out front — look it up on your Secretary of State's business search. This matters more than it seems: winning against the wrong name can make your judgment very hard to collect.
• Where: You generally file where the other person lives or does business, or where it happened (where the contract was signed, where your car got hit). File in the wrong place and the case can get bounced or moved.

The court that hears small claims and the exact venue rule vary by state — see your state's small claims guide.

Check your filing deadline (the statute of limitations)

Every claim has a deadline to file — called the statute of limitations. Miss it and the court will usually dismiss the case, however strong it is — so check this deadline early and confirm it for your claim type. The deadline depends on the type of claim (written contract, oral contract, property damage, personal injury) and usually starts ticking the day the harm happened or the agreement was broken. Look up the deadline for your type of claim in your state's small claims guide.

Make sure your amount fits the limit

Small claims court only handles disputes up to a set dollar limit. If what you're owed is more than that, you have a choice: drop the extra to fit within small claims (and keep things simpler and lawyer-free), or file in a regular civil court. Heads up — many states set a lower limit for businesses than for individuals. Check the current limit in your state's small claims guide.

Fill out the claim form

Grab the claim form from your court clerk or court website — it goes by different names ("Plaintiff's Claim," "Statement of Claim," or "Complaint," depending on where you are). Fill it out completely: your name and address, the other person's correct legal name and address, the exact amount you're asking for, and a short, clear account of what happened and why they owe you. Keep a copy of everything you file. You'll find the official forms link in your state's small claims guide.

Pay the filing fee (or ask for a waiver)

Hand the completed form to the clerk and pay the filing fee. It's modest and usually goes up a little with the amount you're claiming. Money tight? Most courts let you apply for a fee waiver based on your income — just ask the clerk for the form. The fee shouldn't be the thing that stops you. See the filing-fee range and waiver details in your state's small claims guide.

Officially notify the person you're suing (serving them)

After you file, you have to formally tell the other person they're being sued — this is called service of process, and the court requires it before your case can be heard. Here's the part that surprises people: you usually can't do this yourself. It has to be done by a sheriff, a process server, another adult who isn't part of the case, or — in many states — certified mail through the court clerk. And it has to be done a set number of days before your hearing. Allowed methods and the deadline vary by state — see your state's small claims guide and our guide to serving the defendant.

File your proof of service

Serving them isn't done until you prove it to the court. The person who served the papers — the sheriff, the process server, or the other adult who did it — fills out and signs a proof of service form (sometimes called a "return of service") that states who was served, and how, when, and where. You usually get this form in your filing packet or from the court website. If you served by certified mail, you submit the signed return receipt (the green card) instead. Then file the completed proof with the clerk — in person, by mail, or online where your court allows — before your hearing. If you can't show the other person was properly notified, the judge will usually push the hearing back or dismiss it, so don't skip this.

Get ready, then show up

This is the part you can control completely. Organize your evidence, bring copies, and get there early. When it's your turn, tell your story in plain order — what happened, when, and what you're owed — and hand the judge your documents as you go. The typical time from filing to hearing varies by court — check your state's small claims guide. (The checklist below covers exactly what to bring.)