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Small claims court actually works

7 MIN READ — CIVIL LAW — INTERMEDIATE

Small claims court is one of the most underused tools available to ordinary people. It's designed to resolve disputes without lawyers, with simple procedures, low filing costs, and a judge who's seen every type of case you can bring. Most people assume court is for serious things or rich people. It's not.


What it handles

Small claims court handles civil disputes up to a dollar limit set by each state. Limits range from about $2,500 to $25,000, with most states landing somewhere between $5,000 and $15,000 (California is $12,500 for individuals; Texas justice courts go up to $20,000). Look up your state's limit before assuming a case is too large.

Common cases:

You cannot use small claims for criminal matters, cases that need complex discovery, or (in most states) family law.


Who can sue and be sued

You can sue individuals, businesses, and (in most states) government entities. You must be 18 or have a parent/guardian file for you. A handful of states (California and Michigan among them) don't allow lawyers to represent parties in small claims. Most states do allow it, but the process is built so you don't need one.

Important: You can only sue in the correct jurisdiction — usually where the defendant lives or does business, or where the contract was performed or the incident occurred.


Building your case before filing

Small claims judges decide based on evidence. "They did me wrong" without documentation rarely wins.

Gather before filing:

Send a demand letter before filing. A formal written demand to the other party stating what you're owed and giving them a deadline to pay (10–14 days is standard) serves two purposes: it sometimes resolves the dispute without court, and it looks good to a judge when you show them you tried.


Filing

  1. Go to your county courthouse or check if your state has online filing
  2. Get the complaint form (usually one or two pages)
  3. Fill out: your name and contact info, defendant's name and address, the amount you're claiming, a brief factual description of the dispute
  4. Pay the filing fee (usually $30–100, sometimes more, depending on state and amount claimed; fee waivers exist if you can't afford it)
  5. The court serves the defendant with a notice of the hearing date

If you win, the court adds your filing fee to the judgment in most states — the defendant pays it.


The hearing

Hearings are brief — often 15–30 minutes. There's no jury. The judge hears both sides and may ask questions.

What to bring:

How to present:


If you win

Winning a judgment means the court says they owe you money. It does not automatically mean you get paid.

If the defendant doesn't pay:

These collection methods require additional filings but are available once you have a judgment. A judgment typically stays valid for years — often 5 to 20, depending on the state — and can usually be renewed.


If you lose

You can appeal a small claims decision. The process varies by state — in some states the appeal is a completely new trial (de novo); in others it's a review of the small claims record. Appeals have filing deadlines, often 30 days from the judgment. If the amount is significant, consider consulting an attorney before appealing.


Quick reference

CORRECTION
Sept. 2026: Corrected which states bar lawyers in small claims (a handful, not most) and updated dollar limits.
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LAST REVIEWED SEPTEMBER 29, 2026 — SPOT AN ERROR? USE REPORT INACCURACY BELOW.
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“Security deposit stolen, contractor ghosted, someone owes you money — small claims is designed for exactly this. No lawyer needed. Filing costs $30–100.”
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