How small claims court works

Small claims court lets you resolve smaller disputes (unpaid debts, security deposits, minor property damage) quickly and cheaply, usually without a lawyer.

The steps

  1. Send a demand letter asking for payment by a deadline. Use our sister site’s free demand letter template.
  2. Check the limit: each state sets a maximum claim amount.
  3. File with the court where the defendant lives or the dispute happened, and pay the filing fee.
  4. Serve the other party according to court rules.
  5. Prepare evidence: contracts, photos, receipts, messages and witnesses.
  6. Present your case briefly and calmly.
  7. Collect: winning doesn’t guarantee payment; courts have collection procedures.

Tips for your hearing

  • Bring three copies of every document: for you, the judge and the other side.
  • Write a one-page timeline of what happened.
  • Ask for the amount you can prove: receipts, estimates and invoices carry more weight than estimates from memory.
  • If the other side doesn’t show up, you may win by default, but you still need to prove your damages.

When to get a lawyer

If the amount is above the small claims limit, the case is complex, or the other side is a business with lawyers, consider a consultation.

Frequently asked questions

Can lawyers appear in small claims court?

It depends on the state: some limit or prohibit lawyers from representing parties.

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