Not a lawyer. General information only — not legal advice.

How small claims court works in the US

Plain-language guide · reviewed for general accuracy · United States

Small claims court is the legal system's answer to everyday disputes: unpaid loans, security deposits that weren't returned, shoddy contractor work, or a fender-bender where the other driver won't pay. It's designed to be fast, cheap, and accessible — no lawyer required. Here's how it works from start to finish.

1. Is your case right for small claims court?

Small claims court only handles civil cases where you're asking for money — not for someone to do something (like return property) or for divorce or eviction orders. The dollar limit varies widely: $2,500 in Kentucky and Rhode Island, $5,000 in New York, $10,000 in California, and up to $25,000 in Tennessee and Delaware. If your claim exceeds the limit, you can either waive the excess (sue for the maximum and give up the rest) or file in regular civil court, which is more complex.

2. Before you file: the demand letter

Many states require you to ask the other party to pay before you sue, and even where it's not required, it's a good idea. Send a short, dated letter stating what you're owed, why, and a deadline to pay — typically 10 to 30 days. Keep a copy and send it in a way you can prove it was delivered (certified mail, return receipt requested). A clear demand letter resolves a surprising number of disputes without anyone setting foot in court.

Tip: include copies of your evidence with the demand letter — invoices, contracts, photos, text messages, receipts. Seeing the documentation sometimes prompts a settlement.

3. Filing your claim

Go to the small claims court in the county where the person you're suing lives or does business, or where the dispute happened. Fill out a simple complaint form (most courts provide these online or at the clerk's window), pay the filing fee (typically $30–$100, often waivable if you're low-income), and have the court serve the papers on the defendant. Some courts let you serve by certified mail; others require a sheriff or process server, which costs extra. The defendant then has a set time to respond — usually 20–30 days.

4. Preparing for your hearing

Your hearing will likely be scheduled 30–60 days out. Prepare by organizing your evidence: bring original documents and three copies (one for the judge, one for the defendant, one for yourself). Photos, receipts, contracts, emails, text messages, and witness statements are all fair game. Prepare a short, clear narrative of what happened — you'll usually get 5–10 minutes to present. Practice explaining your case to a friend in plain language.

5. At the hearing and after

Dress neatly, arrive early, and be respectful to the judge. The judge will hear both sides, ask questions, and often issue a decision on the spot or within a few days. If you win, the court issues a judgment — but collecting is your responsibility. You can garnish wages, levy a bank account, or place a lien on property, but each requires separate paperwork. Some states let you add collection costs to the judgment. If you lose, you typically have a short window (often 10–30 days) to appeal, and the appeal usually goes to a higher court where the rules are more formal.

Common questions

What's the dollar limit for small claims court?
Varies by state — typically $2,500 to $25,000. Check your state's specific limit before filing.
Do I need a lawyer?
No — small claims is designed for self-representation. Some states actually bar lawyers from small claims court entirely.
I won — how do I get paid?
Winning is step one. Collecting may require wage garnishment, a bank levy, or a property lien — separate court procedures.

Every state has its own dollar limits and procedures. Tell the assistant your state and what happened for a plain-language starting point.

This guide is general information about US small claims procedure and is not legal advice. Small claims rules, dollar limits, and filing fees vary by state and county. For your specific situation, check your local court's self-help center or consult a licensed lawyer.