How to File a Small Claims Court Case: A Plain-English Guide

Small claims court is one of the most underused tools available to ordinary people. If someone owes you money, damaged your property, violated a contract, or kept your security deposit without justification, you can sue them yourself — no attorney needed — for relatively low filing fees. The process is designed to be accessible.

This guide walks you through every step, from deciding whether to file to collecting your judgment. Use our small claims calculator to estimate your filing fees and what you're likely to recover.

Is Small Claims Court Right for Your Situation?

Small claims court handles relatively straightforward civil disputes involving money. Common cases include:

• Landlord keeping a security deposit without cause
• Contractor who took money but didn't complete work
• Car accident damage the other driver won't pay
• Unpaid loans to friends or family
• Defective products the seller won't refund
• Unpaid invoices for services you provided
• Property damaged by a neighbor (fallen tree, flood, etc.)

Small claims court does not handle: divorce, custody, felony crimes, injunctions, or cases where you want something other than money (like forcing someone to do something).

Dollar Limits: How Much Can You Sue For?

Each state caps the amount you can claim in small claims court. Common limits in 2026:

• California: $12,500 (individuals)
• Texas: $20,000
• New York: $10,000
• Florida: $8,000
• Illinois: $10,000
• Georgia: $15,000
• Washington: $10,000
• Ohio: $6,000

If your damages exceed the limit, you have two choices: waive the excess and sue for the limit, or file in regular civil court (which is more complex and may benefit from an attorney). Most people find it better to take the guaranteed small claims route for disputes under the limit.

Step-by-Step: How to File Your Case

1. Find the right court. File in the county where the defendant lives or does business, or where the dispute occurred. Look up your local small claims court at the county clerk's website or call the courthouse.
2. Get the correct defendant information. You need the defendant's full legal name and current address. If suing a business, use the registered business name — check your state's Secretary of State website for LLCs and corporations.
3. Complete the claim form. This is usually a one-page form called a "Plaintiff's Claim" or "Statement of Claim." Describe what happened in plain language, the amount you're owed, and why. Available at the courthouse or online.
4. File and pay the filing fee. Fees range from $30 to $100 depending on your state and claim amount. File in person or online where available.
5. Serve the defendant. The court usually handles this by certified mail, or you can arrange process service. The defendant must be properly notified before the court date.
6. Prepare your evidence. This is where cases are won or lost.

How to Prepare and Win Your Hearing

Small claims hearings are informal, usually 10–20 minutes. The judge or magistrate will hear both sides and ask questions. Here's how to make your case effectively:

• Organize your evidence in a binder: Contracts, receipts, text messages, emails, photos, invoices — anything that supports your story
• Make three copies: One for you, one for the defendant, one for the judge
• Prepare a clear, concise story: What happened, when, how much you're owed, and why. Practice saying it in under 3 minutes
• Bring witnesses if possible: Anyone who saw what happened can testify
• Stay calm and professional: Judges react poorly to emotional outbursts; stick to the facts

After You Win: Collecting Your Judgment

Winning a small claims judgment doesn't automatically get you paid. If the defendant doesn't pay voluntarily, you'll need to enforce the judgment:

• Wage garnishment: File with the court to have their employer deduct payments from their paycheck
• Bank levy: If you know where they bank, you can levy their account
• Property lien: Place a lien on real estate they own
• Till tap: For businesses, arrange a one-time collection from their cash register

Our small claims calculator helps you estimate your filing fees, potential recovery, and whether the case is worth pursuing given your state's rules.

Frequently Asked Questions

What are the small claims court dollar limits by state?

Small claims court limits vary significantly by state. Some of the most common: California: $12,500 for individuals; Texas: $20,000; New York: $10,000; Florida: $8,000; Illinois: $10,000; Georgia: $15,000; Pennsylvania: $12,000; Ohio: $6,000; Michigan: $7,000; Washington: $10,000. A few states go as high as $25,000. Always verify your current state limit at your local court's website.

How long does a small claims court case take?

After filing, your hearing is typically scheduled 30–70 days out. The hearing itself usually lasts 10–30 minutes. If you win and the defendant doesn't appeal, you can begin collection immediately. However, getting the defendant to actually pay can take additional months if they resist — you may need to file for wage garnishment or bank levy. Total time from filing to payment is usually 2–6 months for cooperative defendants.

Do I need a lawyer for small claims court?

Small claims court is specifically designed for people without lawyers — it's informally called "the people's court." Many states actually prohibit attorneys from representing parties at the hearing, or strictly limit their involvement. You represent yourself. The judge or magistrate guides the process. Focus on bringing clear documentation: contracts, photos, receipts, text messages, and any written communications. A well-organized binder of evidence beats a messy case every time.