Small claims court is a simplified court for disputes involving limited amounts of money. The process is designed for people who represent themselves, and the rules are far less formal than in other courts.
What small claims court can and cannot do
Each state sets its own maximum claim, and the limits range widely, from a few thousand dollars to well over $10,000. Small claims courts generally award money or the return of property, and they cannot handle matters such as divorce or criminal charges.
Steps to file a claim
- Confirm your claim is under your state's limit and that you are filing in the right county, usually where the defendant lives or where the dispute happened.
- Send a written demand first. Many courts want proof you tried to resolve the issue.
- Fill out the claim form at the court or online and pay the filing fee, which varies by court. Fee waivers exist for people with low income.
- Have the other party formally served with the papers. Courts set rules about who may serve and how.
- Prepare your evidence and attend the hearing on the assigned date.
What to bring to the hearing
- Contracts, receipts, invoices, photos and messages that support your claim.
- Repair estimates or bills if you are claiming property damage.
- Witnesses who saw what happened, or written statements if the court allows them.
- A short outline so you can tell your story clearly in a few minutes.
After you win
A judgment is not the same as payment. If the other side does not pay, you may need to take collection steps, such as requesting a wage garnishment or bank levy through the court. Rules and fees vary by state.
Frequently asked questions
Can I bring a lawyer to small claims court?
It depends on the state. Some states bar attorneys from appearing, others allow them. Check your court's rules.
Can I appeal a small claims decision?
Often yes, but the process and deadlines vary. In some states only the defendant may appeal. Check the deadline quickly after the decision.