How small claims court works
If someone owes you money (a landlord holding back a deposit, a contractor who didn’t finish the job), small claims court lets you ask a judge to decide, usually without a lawyer.
What small claims court is for
Small claims court handles disputes over relatively small amounts of money, quickly and cheaply. It’s designed for people to represent themselves. Some states don’t allow lawyers at the hearing at all, and others allow them but don’t require them.
Typical cases:
- A security deposit that wasn’t returned
- Unpaid wages or an unpaid invoice
- Property damage
- A contractor or seller who took payment and didn’t deliver
Check the basics first
The dollar limit
Each state sets a maximum you can claim. It ranges from a few thousand dollars to tens of thousands depending on the state. If your claim is bigger, you may be able to limit it to the maximum, but you usually can’t sue again for the rest.
The deadline
Every type of claim has a time limit for filing, called a statute of limitations. It’s often a few years, but it varies. Don’t wait.
Where to file
Usually in the county where the other person lives or does business, or where the problem happened. Your court’s self-help page will say.
Before you file: send a demand letter
Write a short, polite letter that says what happened, how much you’re owed and how you calculated it, and a deadline to pay (such as 14 days). Say that you’ll file in small claims court if it isn’t resolved. Keep a copy.
Many disputes end here. Some courts expect you to have asked for payment before you file.
Filing and the hearing
- File the claim with the court, using its forms, and pay the filing fee. You can usually ask for a fee waiver if you can’t afford it.
- Serve the other side. They must be formally notified of the case. The court will explain the allowed methods, such as certified mail, a sheriff, or a process server.
- Prepare your evidence. Bring copies for the judge and the other side: contracts, receipts, photos, texts and emails, in date order.
- At the hearing, explain what happened briefly and in order, show your evidence, and say what you’re asking for. Be calm and stick to facts.
Winning isn’t the same as getting paid
The court can decide in your favor, but it doesn’t collect the money for you. If the other side doesn’t pay, you may need to take further steps, such as wage garnishment or a bank levy. Your court’s self-help resources explain the options.
Do this today
- Search for your state or county court’s small claims self-help page and note the dollar limit and filing fee.
- Gather your evidence in one place, with dates, receipts, photos, messages and contracts.
- Send a written demand letter with a deadline before you file.
- Work out exactly how much you’re asking for, and how you calculated it.
Sources
This guide is general information, not legal advice. Small claims rules, limits and fees are set by each state, and sometimes each county. Check your local court’s official guidance before filing.