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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

  1. Check your state's limitEach state caps small claims (often $5,000-$25,000). Confirm the cap on your state court website.
  2. Send a demand letterWrite what happened, the amount owed, and a deadline. Keep a copy and proof of delivery.
  3. Find the right courtFile where the defendant lives or where the dispute happened.
  4. Complete and file the formsDownload the claim form from the court site, file it with the clerk, and pay the fee.
  5. Serve the defendantFollow your state's service rules. A neutral third party or sheriff usually must deliver the papers.
  6. Prepare evidenceOrganize contracts, receipts, photos and messages. Bring three copies.
  7. 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.