Unpaid Invoice or Loan

Whether it's a personal loan to a friend, an unpaid invoice for services, or money owed for goods — if someone won't pay what they owe, small claims court is designed for exactly this situation.

SmallClaims.comData verified How we verify

Typical claim amount

$200 – $10,000

Statute of limitations category

Written contract (varies by state)

See your state's small claims rules

Pick your state above to see its claim limit, deadlines, and rules — or browse all state guides.

How much to ask for

Start with the principal — the actual amount that's owed and unpaid. If your agreement spelled out interest or a late fee, you can usually add that. Some states also allow you to claim statutory interest on an overdue debt; check your state's rule for the rate and when it starts. Subtract any partial payments you've already received so your number reflects the real balance.

How to pursue this claim, step by step

  1. 1

    Pin down the exact balance owed — start with what was lent or invoiced, add any agreed interest or late fees, and subtract anything already paid.

  2. 2

    Gather your proof: the written agreement or IOU, invoices, texts or emails discussing the debt, and bank records showing the money moved.

  3. 3

    Send a written demand stating the amount owed, the original agreement, and a clear deadline to pay. Send it by certified mail so you have proof.

  4. 4

    Confirm you're still within your state's deadline to sue (the statute of limitations), which can differ for written versus verbal agreements.

  5. 5

    File in small claims, naming the person or business that owes you by their correct legal name.

  6. 6

    At the hearing, walk the judge through a simple timeline: the agreement, what you delivered or lent, and what's still unpaid.

Common examples

Friend or family member won't repay a personal loan

Client won't pay an invoice for completed work

Buyer won't pay for goods they received

Roommate owes money for shared expenses

Someone wrote you a bad check

Evidence you should gather

The stronger your evidence, the better your chances. Start collecting these items before you file:

Written agreement, contract, or IOU (if available)

Text messages, emails, or letters discussing the debt

Invoices you sent

Proof you delivered goods or completed services

Bank statements showing the loan or payment

Any partial payments received

Ready to take action?

A demand letter often resolves disputes before court. Our free guide shows you how to write one in minutes.

Read the demand letter guide

Demand letter tip

A demand letter is especially useful for personal debts. A formal letter stating you intend to file can prompt payment — though some people will still ignore it. Include the exact amount owed, the original agreement, and a deadline to pay.

Read the demand letter guide →

Court preparation tip

Written evidence is everything. If you have texts or emails where the other person acknowledges the debt, print them out. Even a casual 'I'll pay you back next week' text can be powerful evidence.

What trips people up

!

Having nothing in writing — even a text where they acknowledge owing you helps a lot.

!

Suing for a fuzzy number instead of an exact, documented balance.

!

Forgetting to subtract partial payments, which can undercut your credibility.

!

Missing your state's deadline to sue, which is often shorter for verbal agreements.

!

Naming the wrong party — confirm whether you're owed by a person or a business entity.

Filing deadlines by state

Your statute of limitations depends on your state. Here are some examples for this type of case:

StateDeadlineMax claim
Alabama6 years$6,000
Alaska3 years$10,000
Arizona6 years$5,000
Arkansas5 years$5,000
California4 years$12,500
Colorado3 years$7,500
Connecticut6 years$5,000
Delaware3 years$25,000
District of Columbia3 years$10,000
Florida5 years$8,000
Georgia6 years$15,000
Hawaii6 years$5,000
Idaho5 years$5,000
Illinois10 years$10,000
Indiana10 years$10,000
Iowa10 years$6,500
Kansas5 years$10,000
Kentucky15 years$2,500
Louisiana10 years$5,000
Maine6 years$10,000
Maryland3 years$5,000
Massachusetts6 years$7,000
Michigan6 years$7,000
Minnesota6 years$20,000
Mississippi3 years$3,500
Missouri10 years$5,000
Montana8 years$7,000
Nebraska5 years$7,500
Nevada6 years$10,000
New Hampshire3 years$10,000
New Jersey6 years$5,000
New Mexico6 years$10,000
New York6 years$10,000
North Carolina3 years$10,000
North Dakota6 years$15,000
Ohio8 years$6,000
Oklahoma5 years$10,000
Oregon6 years$10,000
Pennsylvania4 years$12,000
Rhode Island10 years$5,000
South Carolina3 years$7,500
South Dakota6 years$12,000
Tennessee6 years$25,000
Texas4 years$20,000
Utah6 years$20,000
Vermont6 years$10,000
Virginia5 years$5,000
Washington6 years$10,000
West Virginia10 years$20,000
Wisconsin6 years$10,000
Wyoming10 years$6,000

Frequently asked questions

Do I need a written contract to sue someone for money they owe me?

No. Verbal agreements can be enforceable, though they're harder to prove. Texts, emails, bank records, or witnesses that confirm the deal and the amount can carry a case without a formal contract.

Can I add interest or late fees to what I'm claiming?

Often yes, if your agreement provided for them. Many states also allow statutory interest on an overdue debt — check your state's rule for the rate and when it begins.

How long do I have to sue over an unpaid debt?

Your state's statute of limitations sets the deadline, and it's frequently shorter for verbal agreements than written ones. Confirm your state's window before you file.

What if they already paid me part of it?

Subtract any partial payments and sue for the remaining balance. Be ready to show the payment history so your number holds up.

Will winning guarantee I actually get paid?

No. A judgment confirms the debt, but collecting can be a separate step if the person doesn't pay voluntarily. It helps to know whether they have wages or assets to collect from.

Other case types

Security Deposit Not Returned

Your landlord won't return your security deposit

Car Accident Damage

Someone damaged your car and won't pay for repairs

Contractor or Repair Disputes

A contractor did poor work or didn't finish the job

Defective Product or Service

Something you bought doesn't work and the seller won't fix it

Breach of Contract

Someone broke a written or verbal agreement

Unpaid Rent (Landlord vs Tenant)

Your tenant owes rent and won't pay

Property Damage by Neighbor

Your neighbor damaged your property

Auto Repair Disputes

Mechanic overcharged, did bad work, or caused damage

Moving Company Damage

Movers broke or lost your belongings

Wedding Vendor Disputes

Wedding photographer, DJ, venue, or vendor didn't deliver

Bad Check or Bounced Payment

Someone paid you with a check that bounced

Pet-Related Disputes

Dog bite, vet malpractice, or pet purchase gone wrong

Roommate Disputes

Roommate owes rent, utilities, or damaged shared property

Online Purchase or Marketplace Disputes

Item never delivered, counterfeit, or not as described

Dry Cleaner or Laundry Damage

Dry cleaner ruined or lost your clothing

Travel and Airline Disputes

Airline, hotel, or travel company ruined your trip

Insurance Claim Disputes

Insurance company denied or underpaid your claim

Gym or Membership Cancellation

Gym or club keeps charging after cancellation

Towing and Vehicle Impound Disputes

Your car was illegally towed or you were overcharged

Home Appliance or Electronics Warranty

Manufacturer or retailer won't honor a warranty

Freelance or Gig Work Payment

Client won't pay for freelance or contract work you completed

Utility Billing Disputes

Overcharged by a utility company or service provider

Dental or Medical Billing Disputes

Overcharged for medical or dental services

Tenant Suing Landlord for Repairs

Landlord won't fix habitability issues in your rental

Last updated 2026-06-28.

General information to help you understand the process — not legal advice. Rules and dollar limits vary by state and change over time, so always confirm the current requirements with your court. See our Editorial Standards.

Ready to take action?

A demand letter is often the first step. Many unpaid invoice or loan disputes are resolved without ever going to court.

Read the demand letter guide