Confirm your claim amount falls within your state's small claims limit
Limits vary dramatically: $2,500 in Kentucky, $10,000 in California, $15,000 in Delaware, and $25,000 in Tennessee. If your claim exceeds the limit, you can sue for the maximum and waive the excess, or file in regular civil court.
Verify the statute of limitations has not expired for your type of claim
Oral contracts typically have a 2-4 year statute of limitations. Written contracts get 4-6 years. Property damage claims get 2-3 years. Personal injury is usually 2 years. The clock starts from the date of the breach or injury, not when you discovered it (in most states).
Identify the correct defendant — full legal name and current address
For businesses, sue the legal entity (LLC, corporation) not just the trade name. Search your state's Secretary of State business database (free online) for the registered agent and legal name. Suing the wrong entity means starting over.
Send a formal demand letter before filing — many courts require this
A demand letter gives the defendant a final chance to pay and shows the judge you tried to resolve the matter. Send it via certified mail with return receipt ($4-$8 at USPS). Keep a copy. About 30% of disputes settle after a demand letter alone.
File Your Claim
File in the correct court — typically the county where the defendant lives or where the dispute occurred
Filing in the wrong county gives the defendant grounds to dismiss the case. If the defendant is a business, you can usually file where the transaction took place. Check your local court's website for their specific venue rules.
Complete the plaintiff's claim form with specific facts and the exact amount demanded
Most courts provide fill-in-the-blank forms. Filing fees range from $30-$75 for claims under $5,000 and $75-$200 for larger claims. Many courts now offer e-filing. Keep your statement of claim to 2-3 clear paragraphs.
Pay the filing fee and get your hearing date
Filing fees are recoverable if you win — add them to your claim amount. Fee waiver forms are available for low-income plaintiffs (typically under 150% of the federal poverty level). Hearing dates are usually set 30-70 days after filing.
Serve the defendant with a copy of the claim within the required timeframe
You cannot serve the papers yourself. Options include certified mail ($4-$8), professional process server ($40-$100), or the county sheriff ($25-$60). Service must be completed at least 10-30 days before the hearing depending on your state.
Choose a service method allowed by your court
File proof of service with the court clerk
Prepare Your Evidence
Organize all written documentation — contracts, receipts, invoices, emails, and text messages
Print all digital evidence. Courts accept printed text messages and emails as evidence. Organize documents chronologically in a binder with tabs. Make 3 copies: one for you, one for the judge, and one for the defendant.
Take photographs or videos of any physical damage or defective work
Print photos in color on 8.5x11 paper with dates and descriptions. Timestamps matter — make sure your phone's date and time settings were correct when photos were taken. Judges often weigh photographic evidence heavily.
Get repair estimates or expert opinions to prove your damages amount
Two written estimates from licensed contractors or repair shops strengthen your case significantly. Most estimates are free. For professional opinions (appraisals, inspections), expect to pay $100-$500. Judges question damage claims without supporting documentation.
Arrange for witnesses to attend or provide written statements
Live testimony is more persuasive than written statements. If a witness cannot attend, a signed and dated written statement is acceptable in most small claims courts. You can subpoena reluctant witnesses for $20-$40 through the court clerk.
Prepare a clear, chronological summary of events (no longer than 1 page)
Judges hear 15-30 cases per day and typically allow 10-15 minutes per case. A concise written timeline helps you stay focused and ensures you cover every key fact. Practice your presentation 2-3 times to stay within the time limit.
Attend the Hearing
Arrive 15-30 minutes early with all documents and evidence organized
Dress in business casual — judges notice. Bring your evidence binder, a notebook, and a pen. Turn off your phone. Many courthouses have security screening so leave prohibited items at home. Parking at courthouses costs $5-$15.
Present your case calmly — state the facts, show the evidence, state the amount owed
Speak directly to the judge, not the defendant. Lead with the strongest evidence. Follow the format: what happened, what the defendant did or failed to do, what it cost you, and what you're asking for. Avoid emotional arguments — stick to facts and dollar amounts.
Be prepared to answer the judge's questions and respond to the defendant's claims
Judges often ask pointed questions to fill gaps in testimony. If you don't know the answer, say so — don't guess. If the defendant raises new claims, ask the judge for a moment to gather your response. Most judges in small claims court actively guide the proceedings.
After the Judgment
Wait for the court's decision — some judges rule immediately, others mail decisions within 5-10 days
If you win, the judgment amount includes your damages plus filing fees and service costs. Interest accrues on the judgment amount at your state's post-judgment rate (typically 4-12% annually) from the date of judgment.
If you win but the defendant doesn't pay, file for enforcement within the allowed period
Only 50-60% of small claims judgments are voluntarily paid. Enforcement options include wage garnishment ($15-$50 filing fee), bank levy ($25-$100), or a lien on property ($10-$30 recording fee). Most states allow 10-20 years to collect on a judgment.
If you lose, check your state's appeal rules — some states allow plaintiff appeals, some don't
About 25 states prohibit the plaintiff from appealing a small claims decision. Where appeals are allowed, the deadline is typically 30 days and the appeal fee is $75-$300. The appeal goes to a regular civil court with more formal rules of evidence.
Frequently Asked Questions
What is the maximum amount you can sue for in small claims court?
Limits vary by state, ranging from $2,500 (Kentucky, Rhode Island) to $25,000 (Tennessee) as of 2025. California allows claims up to $10,000 for individuals and $5,000 for businesses. Texas and Georgia cap at $20,000, while New York allows up to $10,000 in city courts and $5,000 in town/village courts. If your claim exceeds the limit, you can either waive the excess amount to stay in small claims or file in a higher court with an attorney. This is not legal advice — consult an attorney for your specific situation.
How long does a small claims court case take from filing to judgment?
Most small claims cases resolve in 30-70 days from filing to hearing. After you file, the defendant typically has 20-30 days to be served. The court schedules a hearing date usually 15-30 days after service is confirmed. The hearing itself lasts 15-30 minutes in most cases. Some judges issue a ruling from the bench immediately; others mail the decision within 5-10 business days. If you win and the defendant does not pay voluntarily, collecting on the judgment can add weeks or months to the process.
Do I need a lawyer for small claims court?
In most states, attorneys are not required and many jurisdictions actively discourage or prohibit attorney representation in small claims court — California, Michigan, and Nebraska ban lawyers from appearing on behalf of parties. The process is designed for self-represented individuals with simplified rules of evidence and procedure. However, in states that allow attorneys (like New York and Florida), having one can help if the opposing party brings representation. Many courts offer free self-help clinics and court advisors who can review your paperwork before the hearing.
How much does it cost to file a small claims case?
Filing fees range from $15 to $200 depending on your state and claim amount. California charges $30-$75 based on the amount claimed. New York charges $15-$20 in most courts. Texas fees range from $30 to $100. You will also pay $20-$75 for process service if using a professional server or sheriff. If you win, the judge can order the defendant to reimburse your filing and service costs as part of the judgment. Low-income filers can request a fee waiver in most states by filing a financial hardship affidavit. This is not legal advice — consult an attorney for your specific situation.
What happens if the defendant does not show up to small claims court?
If the defendant fails to appear at the scheduled hearing, the judge will typically enter a default judgment in your favor for the amount claimed (plus filing costs), provided you present sufficient evidence supporting your claim. The defendant usually has 30 days to file a motion to vacate the default judgment by showing good cause for the absence — such as improper service, medical emergency, or military deployment. If no motion is filed, the judgment becomes final and enforceable through wage garnishment, bank levies, or property liens depending on your state.