Small claims court actually works
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. Common limits range from $5,000 to $25,000 (California is $12,500 for individuals; Texas is $20,000). Look up your state's limit before assuming a case is too large.
Common cases:
- Landlord keeping your security deposit without proper documentation
- Contractor took money and didn't finish the job
- Someone owes you money and won't pay (personal loans, sold items, etc.)
- Minor car accidents where insurance won't cover the difference
- Damage to your property by someone else
- Defective product or service where you want a refund
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. Most states prohibit attorneys from representing parties in small claims, though some allow it.
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:
- Any written contract, estimate, receipt, or invoice
- Text messages, emails, or written communications about the dispute
- Photos of damaged property, incomplete work, or the condition of an apartment
- Bank records showing payment
- Witnesses who can testify (some courts allow written statements)
- Records of attempts to resolve the dispute before filing — courts like to see you tried
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
- Go to your county courthouse or check if your state has online filing
- Get the complaint form (usually one or two pages)
- Fill out: your name and contact info, defendant's name and address, the amount you're claiming, a brief factual description of the dispute
- Pay the filing fee ($30–100 depending on state and amount claimed)
- 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:
- Copies of all your evidence (make extras for the judge and the other party)
- A written timeline of events
- Your demand letter and any response
- Witnesses if relevant
How to present:
- Be direct and factual. "On March 3rd, I paid $800 for work that was never completed. Here is the receipt. Here is the text where he agreed to the work. Here are photos taken two weeks later showing nothing had been done."
- Don't ramble or get emotional. Judges have heard thousands of these.
- Address the judge as "Your Honor."
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:
- Wage garnishment: Court orders their employer to deduct the amount from paychecks
- Bank levy: Court orders their bank to release funds to you
- Lien on property: The judgment attaches to property they own, forcing payment if they sell
These collection methods require additional filings but are available once you have a judgment. A judgment typically stays valid for 5–10 years and can 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
- File where: Defendant's county of residence or business, or where the dispute occurred
- Bring: Contract, receipts, communications, photos, demand letter
- Send a demand letter first — it shows good faith and sometimes settles it
- Winning ≠ getting paid automatically — you may need to pursue collection
- Filing fees are typically added to your judgment
- Find your state's limit and forms: search "[your state] small claims court"