Immediate Deadlines
- File before statute of limitations expires:Usually 2-6 years from the dispute (state-dependent)
- Serve the defendant with court papers:Within 30-60 days of filing (varies)
- Appear at hearing:Typically scheduled 30-90 days after filing
Documents You'll Need
- Contracts, invoices, or receipts proving the debt
- Photos or videos of damage
- Written communications (texts, emails) about the dispute
- Witness names and contact info
- Demand letter you sent before filing
- Defendant's name and current address
Step-by-Step
Confirm your case fits small claims rules
Check your state's monetary limit (CA $12,500 individual, TX $20,000, FL $8,000, NY $10,000 in NYC). Small claims handles money disputes — debts owed, security deposits, property damage, breach of contract, faulty work. Excludes divorce, custody, evictions (separate court).
Send a demand letter first
Before filing, send a formal demand letter via certified mail. State the amount owed, the basis for your claim, and a 14-30 day deadline to pay. Many disputes settle after a demand letter. The letter also documents your good-faith effort and serves as evidence.
File a Complaint or Claim form
Complete the small claims form at your local courthouse. State the defendant's full legal name and address, the amount sought, and a brief description of the claim. Filing fees range $30-$100 depending on amount; fee waivers are available for low-income claimants.
Serve the defendant
After filing, you must serve the defendant with the complaint and summons. Methods include personal service by sheriff/process server ($30-$80), certified mail return receipt requested, or substituted service. Personal service is most reliable.
Prepare your evidence and witnesses
Organize documents in chronological order. Make 3 copies (judge, defendant, you). Subpoena witnesses if needed. Practice telling your story in 3-5 minutes — small claims judges decide quickly. Anticipate the defendant's likely defenses.
Attend the hearing
Arrive 30 minutes early. Dress professionally. When called, state your case calmly: 'On X date, defendant agreed to Y, did not perform, and owes me $Z.' Show evidence. Stay focused on facts. The judge usually rules immediately or mails a decision within a few weeks.
Collect on your judgment
Winning is half the battle — collecting is the other half. Options include voluntary payment, wage garnishment, bank levy, property lien, or debtor's exam. Judgments are valid for 5-20 years and can be renewed. Consider a collection agency for stubborn debtors.
How This Varies by State
Limits vary widely: Tennessee $25,000 (highest), California $12,500 individual/$7,500 entity, Texas $20,000, Florida $8,000, New York $10,000 NYC/$5,000 elsewhere, Arkansas $7,500. Some states ban attorneys (CA, MI, NE), others allow them (NY, TX). Appeal rights differ — some states allow either side to appeal, others restrict appeals to the defendant. Filing fees range $30-$240.
Common Mistakes to Avoid
- Suing the wrong party (e.g., a corporation by trade name only)
- Filing in the wrong county — must be where defendant lives or dispute happened
- Bringing only your own testimony without documentary evidence
- Failing to send a demand letter (some states require it)
- Not understanding that winning ≠ collecting
Official Resources
Related Resources on This Site
Forms
- small claims complaint
- demand letter
Guides
When to Get a Lawyer
- Claim near or above the small claims limit (consider regular civil court)
- Defendant counter-sues for amount above the limit
- Complex contract interpretation or business law issues
Frequently Asked Questions
Can I have a lawyer represent me?
What if the defendant doesn't show up?
How do I collect after winning?
Can I appeal if I lose?
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.