If you’ve been wronged but don’t want to spend thousands on attorney fees, small claims court might be your best option. Whether you’re dealing with an unpaid invoice, a landlord dispute, or damaged property, small claims court provides a quicker, more affordable way to resolve legal issues.
This guide explains how small claims court works in the United States, who qualifies, how to file a case, what to expect in court, and how to collect a judgment.
What Is Small Claims Court?
Small claims court is a special division of the civil court system that handles low-dollar disputes without the need for attorneys. Each state sets its own rules, including the maximum amount you can sue for (typically between $2,500 and $25,000).
Cases heard in small claims court include:
- Unpaid rent or security deposits
- Breach of contract
- Property damage
- Minor personal injuries
- Unpaid services or invoices
It is designed to be accessible to everyday people without formal legal training.
Who Can File a Small Claims Lawsuit?
Any individual, business, or organization can file a small claims case as long as:
- The amount of the claim is within the state’s limits
- The incident occurred within the state
- The filing party is at least 18 years old (or represented by a guardian)
Corporations and LLCs can sue or be sued in small claims court, but they may need to send a representative.
Small Claims Court Limits by State (Examples for 2025)
| State | Limit |
|---|---|
| California | $10,000 |
| New York | $5,000 |
| Texas | $20,000 |
| Florida | $8,000 |
| Illinois | $10,000 |
Always check your local court website for the most current limit.
Step-by-Step: How to File a Small Claims Case
1. Gather Documentation
Prepare any evidence to support your claim:
- Contracts, receipts, photos, messages, invoices
- A timeline of events
- Witness contact info (if any)
2. Determine the Defendant’s Legal Name and Address
Use their legal name, not a nickname or business alias. For companies, search the Secretary of State database to find the registered agent.
3. Visit Your Local Small Claims Court
Find the correct courthouse based on the county where the issue occurred or where the defendant lives.
4. File the Complaint
Complete a form (typically called a “Statement of Claim”) and pay a filing fee (usually $30 to $200). Some courts allow online filing.
5. Serve the Defendant
The court won’t notify the other party for you. You must legally serve them via:
- Sheriff or process server
- Certified mail (in some jurisdictions)
They must be notified within a certain number of days before the hearing.
6. Prepare for the Hearing
Bring all evidence, witnesses, and organized paperwork. Practice explaining your case in plain language. Dress neatly and arrive early.
7. Attend the Hearing
Both parties present their side. The judge may ask questions. A decision is usually given the same day or mailed shortly after.
What Happens If You Win?
If you win your case, you receive a judgment stating how much the other party owes you. But collecting the money is your responsibility.
You may need to:
- Garnish wages
- Place a lien on property
- Request a bank levy
Courts provide post-judgment procedures, but enforcement can take time.
What If You Lose?
If you lose the case, you can usually appeal (unless your state prohibits appeals in small claims). Review your case with a lawyer if you’re unsure why you lost.
Common Pitfalls to Avoid
- Missing deadlines: You might lose your case if paperwork isn’t served on time.
- Suing the wrong person or business: You can’t enforce a judgment against the wrong name.
- Being unprepared: Judges expect clarity and evidence, not vague complaints.
Final Tip
Even if you win, you may not get paid unless the defendant has money or assets. Consider mediation as an alternative if both parties are open to negotiation.
Small claims court is a valuable tool for resolving everyday legal issues without expensive litigation. With the right preparation, it puts justice within reach for anyone.