How Small Claims Court Works: A Step-by-Step Guide
Owed money by a landlord, contractor or business? Small claims court is designed for people without lawyers. Here's how the process works.
Small claims court is a simplified court for resolving disputes over relatively small amounts of money without needing a lawyer. You file a short form, pay a modest fee, and present your case to a judge or magistrate at an informal hearing. The maximum you can claim varies by state — typically from a few thousand dollars up to around $25,000 — and most cases are decided in a single session.
This is general legal information, not legal advice. Small claims rules, limits and fees differ by state and country. Always check your local court’s website for the exact process.
What kinds of cases go to small claims court?
- A landlord who won’t return your security deposit.
- A contractor who took payment and didn’t finish the job.
- Unpaid invoices for freelance work.
- Damage to your property or car.
- A seller who delivered faulty goods and refused a refund.
- Money lent to a friend or family member that wasn’t repaid.
Small claims courts generally deal with money. They can’t usually order someone to do something (like finish the renovation), and certain cases — such as divorces, bankruptcies and claims against the federal government — go elsewhere.
Before you file: try to settle
Courts expect you to have tried to resolve the dispute first. Send a clear, polite demand letter stating what happened, how much you’re owed, and a deadline to pay — often 10 to 14 days. Keep a copy. Many disputes end here, because the other side realises you’re serious. If they don’t, your letter becomes useful evidence.
How small claims court works, step by step
1. Check the limit and the deadline
Find your state’s small claims limit. If your claim is higher, you may be able to reduce it to fit — but you’ll usually give up the difference. Check the statute of limitations too; claims must be filed within a certain number of years after the problem.
2. Choose the right court
You normally file in the county or district where the other party lives or does business, or where the problem happened.
3. Get the defendant’s correct details
Use the person’s full legal name or the business’s registered name. Many state business registries let you search company names and registered agents online.
4. File your claim
Complete the court’s claim form — often online — describing what happened and how much you’re claiming. Pay the filing fee, which is usually modest and may be waived if you have a low income.
5. Serve the defendant
The other party must be formally notified. Depending on the court, this may be by certified mail, a sheriff or a professional process server. Follow the rules exactly; improper service can delay your case.
6. Prepare your evidence
Organise everything in date order and bring copies for the judge and the other side.
- Contracts, receipts, invoices and quotes.
- Photos and videos of damage or unfinished work.
- Emails, texts and letters, including your demand letter.
- Repair estimates from independent businesses.
- Witnesses, or signed statements if the court allows them.
7. Attend the hearing
Arrive early and dress neatly. When it’s your turn, explain what happened clearly and briefly, show your evidence and state the amount you’re asking for. Answer the judge’s questions directly. Stay calm, even if the other side doesn’t.
8. Get the judgment
Some judges decide on the spot; others send a written decision later. If you win, you’ll receive a judgment stating what you’re owed.
| Stage | Typical timeframe |
|---|---|
| Demand letter | 10–14 days to respond |
| Filing to hearing | About 30–90 days |
| Hearing | Often under an hour |
| Payment after judgment | Varies; may need enforcement |
Collecting your money
Winning doesn’t always mean getting paid. If the other side doesn’t pay voluntarily, the court can explain your options, which may include wage garnishment, a bank levy or a lien on property. Each has its own forms and fees. It’s worth considering whether the defendant can realistically pay before you file.
What if you’re the one being sued?
Don’t ignore it. If you don’t show up, the court will likely issue a default judgment against you. Read the claim, gather your own evidence, and consider contacting the other party to settle. You may also be able to file a counterclaim if they owe you money.
Tips for a stronger case
- Keep your story short and in date order.
- Bring three copies of every document.
- Focus on facts, not feelings.
- Know exactly how you calculated the amount you’re asking for.
- Practise explaining your case in two minutes.
Many courts offer self-help centres and free guides. The National Center for State Courts links to state court resources. If your dispute involves a freelance client, our guide on pricing freelance services explains how clear written scopes help prevent these problems. And for planning ahead in other legal areas, read what a power of attorney is.
Frequently asked questions
Do I need a lawyer for small claims court?
No. Small claims court is designed for people to represent themselves, and some states don’t allow lawyers to appear for parties at all.
How much can you sue for in small claims court?
It depends on the state. Limits typically range from a few thousand dollars to around $25,000.
How long does small claims court take?
Often one to three months from filing to hearing, though it varies by court.
What happens if the defendant doesn’t pay?
You can ask the court about enforcement options, such as wage garnishment or a bank levy.
