How to File in Small Claims Court: Everything You Need to Know

Filing in small claims court might sound intimidating, but it is actually one of the most accessible parts of the legal system. Small claims court was designed for regular people, not lawyers, to resolve disputes quickly and affordably. If someone owes you money, damaged your property, or broke a contract, small claims court filing is how you hold them accountable.

This guide covers everything you need to know about how to file in small claims court: what qualifies, how much it costs, the forms you need, and what happens after you file.

What Is Small Claims Court?

Small claims court is a simplified courtroom where everyday disputes get resolved without the complexity of regular civil court. Think of it as the express lane of the legal system.

Here is what makes it different from regular court:

• No lawyer required. In fact, many states do not allow attorneys in small claims at all. You represent yourself.
• Lower costs. Filing fees typically range from $30 to $200, depending on your state and the amount you are claiming.
• Faster resolution. Most cases go to trial within 30 to 90 days of filing.
• Simpler rules. The formal rules of evidence are relaxed, and judges expect you to speak in plain language.

Small claims courts handle disputes involving money. If you are owed money, paid for something you never received, or suffered financial loss because of someone else's actions, this is likely the right venue.

Does Your Case Qualify for Small Claims Court Filing?

Before you start the filing process, make sure your case fits within small claims court guidelines. There are two main requirements: your claim type and your claim amount.

Types of Cases Small Claims Courts Handle

• Unpaid debts or loans
• Security deposit disputes with landlords
• Property damage (car accidents, neighbor disputes)
• Breach of contract
• Defective products or services
• Unpaid wages from an employer
• Disputes with contractors or service providers

Types of Cases Small Claims Courts Do NOT Handle

• Divorce or child custody
• Evictions (these go through a separate process)
• Cases against the federal government
• Requests for non-monetary relief (like forcing someone to do something)
• Defamation claims above the dollar limit

Dollar Limits by State

Every state sets its own maximum for how much you can sue for in small claims court. Here are some common examples:

• California: $12,500 for individuals, $6,250 for businesses
• Texas: $20,000
• New York: $10,000
• Florida: $8,000
• Tennessee and Delaware: $25,000

If your claim exceeds your state's limit, you have options. You can waive the excess amount and still file in small claims, or you can file in regular civil court. Many people choose to waive the extra amount because the speed and simplicity of small claims court is worth it.

Step-by-Step: How to File in Small Claims Court

Here is the actual process, broken down into clear steps.

Step 1: Send a Demand Letter First

Before you file anything, you need to formally ask the other party to pay what they owe. This is called a demand letter, and many states (including California) require it before you can file a small claims case.

A demand letter does three things:

• Puts the other party on official notice
• Shows the court you tried to resolve things without litigation
• Often resolves the dispute entirely, so you never have to go to court

Your demand letter should include who you are, what happened, how much you are owed, and a deadline to pay (usually 14 to 30 days). Keep it factual and professional.

Many disputes end right here. In fact, about 70% of demand letters result in a resolution before court is ever needed.

Step 2: Identify the Right Court

You need to file your case in the correct court. This is called "jurisdiction" and "venue." Generally, you file in the county where:

• The defendant lives or has a business
• The incident or transaction took place
• A contract was signed or was supposed to be performed

Filing in the wrong court can get your case dismissed, so double-check before submitting your paperwork.

Step 3: Fill Out the Court Forms

Every state uses its own small claims court forms. In California, for example, you fill out Form SC-100 (Plaintiff's Claim and Order to Go to Small Claims Court). In other states, the forms may have different names, but they all ask for similar information:

• Your name and contact information (the plaintiff)
• The defendant's name and address
• The amount you are suing for
• A brief description of why you are suing
• Any supporting details about the dispute

Many courts now offer these forms online. Some states even let you file electronically, so you do not have to visit the courthouse in person.

Step 4: Pay the Filing Fee

Filing fees vary by state and by the amount of your claim. Here is a general range:

• Claims under $1,500: $30 to $50
• Claims between $1,500 and $5,000: $50 to $75
• Claims over $5,000: $75 to $200

If you cannot afford the filing fee, most courts offer a fee waiver for people who qualify based on income. Ask the court clerk about a fee waiver application.

Important: If you win your case, you can usually recover the filing fee from the defendant as part of your judgment.

Step 5: Serve the Defendant

After you file, the defendant must be officially notified about the lawsuit. This is called "service of process," and you cannot do it yourself. Someone else has to deliver the paperwork to the defendant.

Common methods of service include:

• Personal service: Someone physically hands the papers to the defendant
• Certified mail: The court sends papers via certified mail with return receipt
• Process server or sheriff: A professional delivers the documents (fees range from $25 to $75)

You must serve the defendant a specific number of days before the court date (usually 15 to 30 days, depending on your state). Keep your proof of service. You will need it at trial.

Step 6: Prepare for Your Court Date

Once the defendant is served, you will get a court date. Now it is time to prepare your case.

Bring the following to court:

• Copies of your demand letter and proof it was sent
• Contracts, receipts, or invoices
• Photos or videos of damage
• Text messages, emails, or other written communication
• A clear, organized timeline of events
• Witnesses (if applicable)

Practice explaining your case in under five minutes. Judges in small claims court hear many cases per day and appreciate clarity.

What Happens on Your Small Claims Court Date

Here is what to expect when you walk into the courtroom.

Before Your Case Is Called

Arrive early. Check in with the court clerk. Some courts offer mediation before trial, which is a chance to settle with the other party in a separate room with a neutral mediator. If you reach an agreement in mediation, you can skip the trial entirely.

Presenting Your Case

When your case is called, you (the plaintiff) go first. The judge will ask you to explain what happened and why you are owed money. Speak directly to the judge, not to the other party. Present your evidence clearly.

After you finish, the defendant gets to tell their side. The judge may ask both of you questions.

The Judgment

In many small claims courts, the judge decides the case on the spot. In some courts, you receive the decision by mail within a few days. If you win, the judgment states how much the defendant owes you.

What If You Win? Collecting Your Judgment

Winning your case is one thing. Getting paid is another. The court does not automatically collect the money for you. If the defendant does not pay voluntarily, you have options:

• Wage garnishment: The court orders the defendant's employer to withhold a portion of their paycheck
• Bank levy: You can freeze and collect funds from the defendant's bank account
• Property lien: You place a lien on the defendant's property, which must be paid when the property is sold

The court clerk can help you understand which collection methods are available in your state.

Common Mistakes to Avoid When Filing in Small Claims Court

• Not sending a demand letter first. Some states require it. Even where it is not required, skipping this step makes you look unprepared to the judge.
• Filing in the wrong court. Always verify jurisdiction and venue before filing.
• Missing deadlines. Every state has a statute of limitations for different types of claims. File before time runs out.
• Bringing too little evidence. Documents win cases. Bring everything that supports your claim.
• Getting emotional in court. Stick to the facts. Judges respond to clear, organized presentations, not anger.

Can You File in Small Claims Court Online?

More and more states are offering electronic filing for small claims cases. States like California, Texas, and others allow you to submit your forms and pay your filing fee online through the court's website.

Even in states where online filing is not yet available, you can usually download the forms online, fill them out at home, and bring them to the clerk's office.

How Long Does the Small Claims Court Process Take?

From start to finish, here is a rough timeline:

• Demand letter: 14 to 30 days for the recipient to respond
• Filing and service: 1 to 2 weeks
• Court date: Typically 30 to 90 days after filing
• Judgment: Often the same day, sometimes within a week by mail

Total: Most small claims cases are resolved within 2 to 4 months from start to finish. Compare that to regular civil court cases, which can take a year or more.

You Do Not Need a Lawyer for This

Small claims court was built for people who want to handle things themselves. The forms are straightforward, the process is streamlined, and the fees are manageable. You do not need a law degree to stand up for yourself.

That said, getting organized is key. Having your demand letter, evidence, and paperwork in order makes all the difference.

PettyLawsuit helps you build your case, generate a professional demand letter, and file in small claims court. Over 2,500 people have used the platform to resolve disputes, and 70% of demand letters sent through PettyLawsuit lead to a resolution before court is ever needed. If you are ready to take the next step, start your case at PettyLawsuit.com.