Small Claims

The short version

Small claims court is a special court where you can sue someone for money without needing a lawyer. It's designed for smaller disagreements, making it simpler and cheaper to resolve issues like unpaid debts or property damage. This court helps you get justice for minor disputes that might otherwise be too costly or complicated to handle.

The law this is built on

Every point below comes from the authority named next to it. Verify the current text before relying on it.

• State small-claims rules (e.g., California Code of Civil Procedure § 116.110 et seq.)

  Each state has rules that define what small claims court is, including how much money you can sue for and the procedures you must follow.

  Why it matters: These rules set the limits and steps for your case, telling you if your dispute can even be heard in small claims court.

• State small-claims rules

  These rules often state that formal rules of evidence and procedure are relaxed, meaning the process is less strict than in regular courts.

  Why it matters: This makes it easier for people without legal training to present their case and understand what's happening.

• State small-claims rules

  The rules typically outline the maximum amount of money, or 'jurisdictional limit,' that you can sue for in small claims court.

  Why it matters: If your case involves more than this amount, you cannot use small claims court and must consider a different court.

• State small-claims rules

  Many state rules explain that attorneys are either not allowed or their role is very limited in small claims cases.

  Why it matters: This helps level the playing field, so you aren't at a disadvantage if the other side has a lawyer and you don't.

Words you need to know

Plaintiff

This is you, the person who files the lawsuit and is seeking money or property from another party.

Defendant

This is the person or business being sued, against whom the plaintiff is making a claim.

Jurisdictional Limit

This is the maximum dollar amount you can sue for in small claims court. This amount varies by state and can range from a few thousand dollars up to $15,000 or more.

Service of Process

This is the official way you must legally notify the defendant that they are being sued. It involves delivering the court papers in a specific, allowed manner.

Default Judgment

If the defendant does not show up to court or respond to the lawsuit, the court might rule in your favor without hearing their side, which is called a default judgment.

Appeal

After a decision is made, either party might be allowed to ask a higher court to review the small claims court's decision, though appeal rights are often limited in small claims.

Your rights

• ✓You have the right to represent yourself in court without a lawyer.
• ✓You have the right to have your case heard by a judge or commissioner.
• ✓You have the right to present your evidence and call witnesses.
• ✓You have the right to try and collect any money awarded to you by the court.
• ✓You have the right to receive proper notice if someone sues you.

How the process actually works

1. 1
   Research and Prepare

   Before you file your case

   Before filing, gather all your evidence like contracts, receipts, photos, and witness contact information. Understand the maximum amount you can sue for in your state and make sure your case fits.

2. 2
   File Your Claim

   Varies by state (usually within the statute of limitations for your type of case)

   Go to the small claims court clerk's office in the correct county to fill out and file a 'Statement of Claim' or similar form. You will pay a filing fee, though you might be able to ask the court to waive it if you cannot afford it.

3. 3
   Serve the Defendant

   Usually within a few weeks to months after filing, varies by state rule

   You must formally notify the person or business you are suing by delivering the court papers to them. This is called 'service of process' and must follow specific rules (e.g., using a sheriff, private process server, or certified mail). You cannot serve the papers yourself.

4. 4
   Prepare for Court

   Between filing and your court date

   Organize your evidence, practice what you will say, and arrange for any witnesses to appear. Think about how you will explain your case simply and clearly to the judge.

5. 5
   Attend the Hearing

   Your scheduled court date

   Both you and the defendant will present your sides of the story to the judge. The judge may ask questions. There's no jury in small claims court.

6. 6
   Receive a Decision

   Usually within days to weeks after the hearing

   The judge will usually make a decision either right away or send it to you by mail within a few days or weeks. This decision will state who wins and how much money is awarded.

7. 7
   Collect the Judgment (if you win)

   After the judgment is entered and any appeal period has passed

   If you win, the court does not collect the money for you. You must take steps to collect it yourself, which might involve asking for financial information from the debtor, wage garnishment, or bank levies, following specific legal procedures.

Deadlines that can end your case

• Statute of Limitations for your claim
  Varies by state and type of claim (e.g., 2 years for personal injury, 4 years for written contract)

  If you miss this deadline, you lose your right to sue, and the court will dismiss your case.

• Serving the defendant
  Varies by state, often 60-120 days from filing

  If you fail to properly serve the defendant within the required time, your case could be dismissed, and you may have to refile.

• Filing an appeal (if allowed)
  Varies by state, often 10-30 days from judgment

  If you miss this deadline, you lose your right to appeal the court's decision.

Common questions

How this changes by state

Rules for small claims court vary significantly from one state to another. Key differences include the maximum amount of money you can sue for (the jurisdictional limit), whether lawyers are allowed, the specific forms you must use, and the rules for serving the defendant. To find your state's specific rules, you should visit your state's court website, look for the 'Judicial Council' or 'Court Administration' section, and search for 'small claims rules' or 'small claims procedure'. Your local court clerk's office can also provide information specific to your county.

When you need a lawyer

You should consider consulting a lawyer if your case involves complex legal issues, if the amount of money you are suing for is close to or exceeds the small claims limit, or if you feel overwhelmed by the legal process. Even if lawyers are not allowed in the actual small claims hearing, you can still hire one to advise you on how to prepare your case and navigate the court system.

Do this today

• →Confirm your court's dollar limit and filing fee on your county court website before you file.
• →Write down the full legal name and address of the person or business you are suing.
• →Organize your evidence in date order: contracts, receipts, photos, texts, and emails.
• →Send a short written demand letter asking for payment by a set date, and keep a copy.
• →File your claim and arrange proper service exactly as your court requires, then calendar every date you are given.