Small Claims
Small Claims Court
Small claims court is a simplified court designed for regular people to resolve smaller disputes without needing a lawyer. Here's how it works and how to give yourself the best shot.
What small claims is (and isn't)
Small claims court handles disputes over money — unpaid rent, security deposits, broken contracts, damaged property, unpaid invoices, minor car accident damages, and similar issues. Each state sets a dollar limit, commonly somewhere between $2,500 and $25,000 depending on where you live.
Small claims is not the place for divorce, custody, evictions, or claims much bigger than the local limit. In many states you cannot bring a lawyer with you, and if you can, you often don't need to.
Before you file: try to resolve it
Judges generally like to see that you tried to work things out first. Send a clear written demand — a short letter or email stating what happened, what you want, and a reasonable deadline to respond. Keep a copy. This "demand letter" alone often resolves the dispute and becomes useful evidence if it doesn't.
Filing your case
- Find the right court (usually where the defendant lives or where the issue happened).
- Fill out the court's small claims form — it will ask for the defendant's legal name and address, a brief description of the dispute, and the amount you're seeking.
- Pay the filing fee (often waived if you can't afford it).
- Arrange for the defendant to be served — formally notified — using the method your court allows.
Preparing for the hearing
- Write a short, chronological story of what happened.
- Bring organized copies of contracts, texts, emails, photos, receipts, and estimates — enough for you, the judge, and the other side.
- Bring any witnesses who saw or heard something firsthand.
- Practice explaining your case in two to three minutes.
At the hearing
You'll stand or sit at a podium, explain what happened, and answer the judge's questions. Then the other side speaks. Be respectful, stick to the facts, and don't interrupt. Most cases are decided within a few minutes; the judge may rule from the bench or send the decision in the mail.
Winning is only half the battle
A judgment is not a check. If the other side doesn't pay voluntarily, you may need to take additional steps to collect: wage garnishment, bank levies, or liens. Your court's website usually explains the local process.