Small claims court is a fast, low-cost way to sue for money owed, usually without a lawyer. Here's how it generally works. The dollar limit and some rules vary by state, so check yours with our rights tool.
Is your case a fit?
Small claims handles money disputes up to a limit that varies by state (commonly a few thousand dollars, up to about $20,000). Typical cases: an unreturned security deposit, an unpaid invoice, or damaged property. You generally can't get anything other than money (no orders forcing someone to "do" something).
Before you file
- Send a demand letter first. A written demand often settles the dispute and is sometimes expected before filing. (Our templates include consumer and security-deposit demand letters.)
- Gather evidence: the contract, texts and emails, photos, receipts.
- Confirm you're within your state's statute of limitations.
Filing and serving
You file a short form in the right court, usually where the defendant lives or where the dispute happened, and pay a small fee. The court or a process server then serves the defendant with notice. Fill in names and addresses exactly.
The hearing
Hearings are informal: you tell the judge what happened and show your evidence. Bring organized copies. Many states let you appear without a lawyer, and some don't allow lawyers at all.
Collecting after you win
A judgment isn't automatic payment. If the defendant won't pay, you may use a writ of execution to levy non-exempt property or (in many states) garnish wages, and a debtor's exam to find their assets. The details vary by state.
Frequently asked questions
What does it cost? Filing fees are usually modest and may be waived if you can't afford them.
What if I lose? Some states allow an appeal to a higher court, often for a new hearing.