Do I Have a Small Claims Case?
Not sure if small claims court is right for your situation? Ask yourself these questions to find out.
1. Is someone or some business owing you money?
If yes:
Small claims court handles disputes about money — unpaid debts, damage costs, refunds, etc.
If no:
Small claims court is for money disputes only. You can't use it to force someone to do something, for divorces, or custody issues.
2. Is the amount within your state's limit?
If yes:
You're within the dollar limit. Proceed to the next question.
If no:
You can either reduce your claim to fit the limit (waiving the excess) or file in regular civil court (more expensive and complex).
3. Did it happen within the statute of limitations?
If yes:
You're within the deadline. Proceed to the next question.
If no:
If the statute of limitations has passed, you can no longer file this claim. The court will dismiss it.
4. Do you have evidence to support your claim?
If yes:
Evidence is key. Contracts, receipts, photos, texts, and witnesses all help your case.
If no:
Without evidence, it's your word against theirs. You can still file, but your chances are lower. Gather whatever documentation you can.
5. Do you know who owes you and where they are?
If yes:
You need the defendant's correct legal name and address to file and serve them.
If no:
You must identify the defendant and their address. For businesses, check your state's Secretary of State website for their registered agent.
6. Have you tried to resolve it directly?
If yes:
A demand letter is the best first step. Many disputes resolve without court. Judges also appreciate seeing that you tried.
If no:
Start with a demand letter. It's free to create, shows good faith, and often resolves the dispute without the time and cost of court.
Think you have a case?
A demand letter is often the first step. If the other party doesn't respond, you'll be ready to file.