How to File a Small Claims Case
File and argue a small claims case yourself without hiring a lawyer. Rules differ by state or region; this guide covers United States in general.
- Typical cost
- Filing fees are typically $30-$100 by state.
- How long it takes
- Hearings are usually 30-70 days after filing.
- Reading time
- 6 minutes
Steps
- Check your state's limitEach state caps small claims (often $5,000-$25,000). Confirm the cap on your state court website.
- Send a demand letterWrite what happened, the amount owed, and a deadline. Keep a copy and proof of delivery.
- Find the right courtFile where the defendant lives or where the dispute happened.
- Complete and file the formsDownload the claim form from the court site, file it with the clerk, and pay the fee.
- Serve the defendantFollow your state's service rules. A neutral third party or sheriff usually must deliver the papers.
- Prepare evidenceOrganize contracts, receipts, photos and messages. Bring three copies.
- Attend the hearingBe concise, chronological and calm. Ask the judge how to collect if you win.
When to talk to a lawyerThe amount exceeds your state's limit, the defendant counterclaims big, or a complex contract is involved.
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General information, not legal adviceLegal Space Info provides general information, not legal advice. Reading this site does not create an attorney-client relationship. Laws vary by state and change often; consult a licensed attorney for advice about your situation.