Learn exactly how to sue someone in small claims court — filing fees, forms, serving papers, and what to say at your hearing. All 50 states.
Small claims court is a simplified division of your local civil court designed to resolve disputes involving relatively small amounts of money. Cases are decided by a judge (no jury), hearings are informal, and lawyers are either optional or prohibited depending on your state.
You should use small claims court when:
Common small claims cases include: unpaid loans, security deposit disputes, property damage, breach of contract, defective products or services, and auto accident damage under the dollar threshold.
Before you file, send a formal demand letter to the person who owes you money. This is not legally required in every state, but judges look favorably on plaintiffs who made a good-faith effort to resolve the dispute. In some states (like California), certain claims actually require a pre-filing demand.
Your demand letter should include:
Send the letter via certified mail with return receipt requested — this creates proof the defendant received it. Keep a copy for your court file. About 30–40% of disputes settle at this stage, saving you the filing fee and court time entirely.
Need help writing one? Use our demand letter writing guide or download a free demand letter template.
You must file in the correct court — otherwise your case will be dismissed. The general rules:
Look up your local small claims court by searching "[your county] small claims court" on your state's court website. Most courthouses have a self-help center or clerk's window where staff can confirm you're in the right place — they can't give legal advice, but they can point you to the correct forms.
If you're filing in California, check our detailed California small claims court guide for location-specific instructions, fees, and procedures.
Filing involves completing a plaintiff's claim form (sometimes called a "Statement of Claim") and submitting it to the court clerk. Here's what you'll need:
Filing fees by state (2026 ranges):
| Claim Amount | Typical Filing Fee |
|---|---|
| Under $1,500 | $30 – $50 |
| $1,500 – $5,000 | $50 – $75 |
| $5,000 – $10,000 | $75 – $100 |
| Over $10,000 | $75 – $200 |
For an exact estimate based on your state and claim amount, use our small claims court cost calculator.
Most courts now accept filings in person, by mail, or online. California, New York, and Texas all offer online filing in many counties. Pay the filing fee when you submit — you can add this fee to your claim amount so the defendant reimburses you if you win.
After filing, you must legally notify the defendant about the lawsuit. This is called "service of process" and must follow your state's rules precisely. If service is done incorrectly, the judge can dismiss your case.
You cannot serve the defendant yourself. The person who serves must be:
Methods of service (in order of preference):
The server must complete a "Proof of Service" form and file it with the court before your hearing date. Without filed proof of service, your case will not proceed.
Read our complete walkthrough: How to Serve Papers in Small Claims Court.
Small claims hearings are informal — you won't need to know legal jargon or courtroom procedure. But preparation is the single biggest factor in winning. Judges hear dozens of cases per day and appreciate organized, concise presentations.
Organize your evidence:
Strong evidence includes:
Prepare a 2-minute opening statement: Tell the judge who you are, what happened, what you're owed, and why. Practice it out loud. Judges give each side roughly 10–15 minutes total, so make every minute count.
Arrive at the courthouse 30 minutes early. Dress professionally — business casual at minimum. Bring all your evidence, copies, and a notepad.
What to expect:
If the defendant doesn't show up: You win by default judgment. The judge will still ask you to briefly present your case and evidence before ruling in your favor. About 30% of small claims cases result in a default judgment because the defendant never appears.
Winning a judgment and collecting the money are two different things. The court does not collect money for you — that's your responsibility. Here are your enforcement options:
Judgments in most states accrue interest (typically 5–10% annually) until paid. In California, the post-judgment interest rate is 10% per year. Judgments are enforceable for 10–20 years depending on the state, and are renewable in many jurisdictions.
Here's what a typical small claims case costs from start to finish:
| Expense | Cost Range |
|---|---|
| Filing fee | $30 – $200 |
| Certified mail (demand letter) | $7 – $15 |
| Service of process | $25 – $100 |
| Evidence copies | $5 – $20 |
| Writ of Execution (if needed) | $25 – $50 |
| Total typical cost | $75 – $300 |
All of these costs can be added to your claim amount. If you win, the defendant owes you the judgment plus your court costs.
No. Small claims court is specifically designed for people to represent themselves. In fact, some states — including California, Michigan, and Nebraska — prohibit attorneys from appearing in small claims court on behalf of individuals. The filing forms are straightforward, the rules of evidence are relaxed, and judges expect non-lawyers. For claims under $10,000, hiring a lawyer would likely cost more than the judgment itself.
Most cases take 30 to 70 days from filing to hearing. After filing, you have a window (typically 20–30 days) to serve the defendant. The court then schedules a hearing 15–30 days after service. Some judges issue a ruling the same day; others mail it within 5–10 business days. Collection time varies — voluntary payment may take 30 days, while wage garnishment or bank levies can take 2–3 months to set up.
The court does not collect money for you. If the defendant doesn't pay voluntarily within 30 days of the judgment, you have several enforcement tools: wage garnishment (up to 25% of disposable earnings), bank account levies, property liens, and in some states, suspension of the debtor's driver's license for auto-related judgments. Most states also charge post-judgment interest (5–10% annually), which accrues until the full amount is paid. Judgments are enforceable for 10–20 years.
It's complicated. Generally, you must file in the state where the defendant lives or where the dispute occurred. If you bought a defective product online from a seller in another state, you may need to file in their state — which could mean traveling for the hearing. Some states allow small claims cases to be heard via phone or video for out-of-area plaintiffs, but this varies. For interstate disputes over your state's small claims limit, federal court may be an option, but that requires a lawyer.
Defendants can file a counterclaim (sometimes called a "cross-complaint") alleging that you owe them money. If the counterclaim is within the small claims limit, both claims are heard at the same hearing. If it exceeds the limit, the entire case may be transferred to regular civil court. Prepare for this possibility by documenting why you don't owe the defendant anything — bring evidence that refutes potential counterclaims, especially if the dispute involves a two-way contract or service agreement.
For a complete overview of small claims court, how it works, and whether your case qualifies, visit our main small claims court guide. Ready to estimate your costs? Try the small claims cost calculator.
This content is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in your state for guidance on your specific situation.
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