How to File a Small Claims Court Case
The complete 9-step process from demand letter to collecting your judgment. No lawyer required. This guide covers the general process that applies in all 50 states — check your state guide for specific rules and forms.
Determine if small claims court is right for your case
Small claims court handles disputes where you're asking for money — typically between $2,500 and $25,000 depending on your state. You cannot use small claims court for divorces, name changes, guardianships, or to force someone to do something (like fix your car). Your case must be about recovering money damages. Check your state's dollar limit before proceeding — if your claim exceeds the limit, you can either reduce your claim to fit, or file in regular civil court.
Check the statute of limitations
Every state has a deadline for filing different types of claims. Miss the deadline and your case is dismissed forever, no matter how strong it is. Written contracts typically have longer deadlines (3-10 years), while personal injury claims are shorter (1-3 years). The clock usually starts on the date the incident occurred or the contract was broken. Check your state's specific deadlines using our state guides.
Send a demand letter first
Before filing, send a formal demand letter to the other party. This serves two purposes: it often resolves the dispute without court (saving you time and fees), and it shows the judge you tried to resolve things reasonably. Your demand letter should state what happened, how much you're owed, and a deadline to pay (usually 14-30 days). Send it via certified mail so you have proof of delivery. Many judges look favorably on plaintiffs who attempted to resolve the dispute before filing.
Identify the correct court and defendant
You generally must file in the court where the defendant lives, where the business is located, or where the dispute happened. Filing in the wrong court means your case gets dismissed. You also need the defendant's correct legal name — for businesses, this means their registered business name (not just a trade name). Check your state's Secretary of State website to find the registered name of a business. If you're suing an individual, use their full legal name.
Fill out and file the complaint form
Get the complaint form (sometimes called a 'Statement of Claim' or 'Plaintiff's Claim') from your local court clerk's office or court website. Fill it out completely — include your name and address, the defendant's name and address, the amount you're claiming, and a clear description of what happened. File it with the court clerk and pay the filing fee. Keep copies of everything. If you can't afford the filing fee, ask for a fee waiver application.
Serve the defendant
After filing, you must formally notify the defendant about the lawsuit. This is called 'service of process' and is legally required. You typically cannot serve the papers yourself — you'll need a sheriff, process server, or other authorized person to do it. Some states allow service by certified mail through the court clerk. Service must be completed a certain number of days before the hearing (varies by state). File the proof of service with the court.
Prepare your evidence
Gather and organize all evidence that supports your case: contracts, receipts, photos, text messages, emails, bank statements, repair estimates, and witness contact information. Make three copies of everything — one for the judge, one for the defendant, and one for yourself. Organize documents chronologically and label them clearly. Practice explaining your case in 5 minutes or less — judges appreciate concise, well-organized presentations.
Present your case at the hearing
Arrive early, dress professionally, and bring all your evidence. When it's your turn, explain what happened clearly and chronologically. Stick to the facts — avoid emotional arguments. Present your evidence as you tell your story. The judge may ask questions. When the defendant speaks, listen quietly and take notes. You'll usually get a chance to respond. Most hearings last 15-30 minutes, and many judges announce their decision the same day.
Collect your judgment
If you win, the court issues a judgment — but the court does not collect the money for you. The defendant typically has 30 days to pay or appeal. If they don't pay voluntarily, you have legal tools available: wage garnishment (in most states), bank account levies, property liens, and debtor examinations. Collection can take time and persistence. Some states charge additional fees for collection efforts, which you can add to the judgment amount.
Start with Step 1 — for free
Write an effective demand letter with our free guide. Many disputes are resolved without ever going to court.