Small claims court, start to finish
Small claims is a simpler court for smaller amounts, and most people go without a lawyer. Send a demand letter first. Check your state’s limit, file in the right court with the other side’s correct legal name, and pay the filing fee. Have them served, bring organized proof and copies, and tell a short, clear story. If you win and they don’t pay, ask the court about collection.
Your checklist
- Send a demand letter
- Check your state’s limit
- File in the right court
- Have the other side served
- Bring organized proof and copies
- Ask how to collect if you win
Rather read it? Here’s the whole thing.
Try a demand letter first
Explain what happened, how much you’re owed and a deadline to pay. Many disputes end here, and judges like to see that you tried.
Check the limit
Each state sets the most you can ask for, from a few thousand dollars to around $20,000 or more. Some states don’t allow lawyers in small claims.
File
Usually in the county where the other person lives or where the problem happened. Use their correct legal name; for a business, look it up with your state. Expect a filing fee, often under $100, which you may get back if you win.
Serve the other side
They must officially receive the papers, by certified mail, a sheriff or a process server, depending on your court.
Prepare
Bring the contract, receipts, estimates, photos, texts and emails, and any witnesses, with copies for the judge and the other side. Keep your story short and clear.
After you win
If they don’t pay, the court can explain collection options, like wage garnishment or a bank levy.
Official sources, and where to look
- National Center for State Courtsncsc.org
- USA.gov: small claims courtusa.gov
- Legal Services Corporation: free legal aidlsc.gov
[your county] small claims court forms[your state] small claims limit
Common questions
Do I need a lawyer for small claims court?
Usually not. It’s designed for people to represent themselves, and some states don’t allow lawyers at all. More ›
Can I sue a business in small claims?
Yes. Use the business’s correct legal name and serve its registered agent or owner as your court requires. More ›
How much can I sue for in small claims court?
It depends on your state, from a few thousand dollars to around $20,000 or more. Check your state court’s website. More ›
How much does it cost to file in small claims?
Filing fees vary by state and amount, often under $100, plus a fee to serve the papers. If you win, you can usually ask to be repaid these costs. More ›
How do I write a demand letter?
Keep it short: what happened, the amount you’re owed and why, and a deadline to pay. Send it in a way you can prove, and keep a copy. More ›
What happens if the other person doesn’t show up?
You may win by default, as long as they were properly served. Bring proof of service to court. More ›
Get help with a small claims case
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Not yet reviewed by an expert. Last checked 2026-10-29. This is general help, not legal, medical or professional advice. Rules are different in every state.