Step-by-step: filing in small claims
- Check the limit and the deadline. Your claim must be at or under the small claims limit by state (or you give up the excess), and it must be filed before the statute of limitations by state runs: often 2 to 3 years for property damage and 3 to 6 years for contracts.
- Send a demand letter. Write to the other side with the amount, the reason, and a deadline to pay (10 to 14 days is common). Several states expect a demand before filing, and a judge will want to see you tried to settle.[1]
- Pick the right court. File in the county (or justice precinct) where the defendant lives or does business, or where the contract was signed or the damage happened.
- Name the defendant correctly. Use the person’s full legal name or the business’s registered name (check the secretary of state’s business search). A judgment against the wrong name may be uncollectable.
- Fill out the claim form and pay the fee. Each state has its own form: California’s SC-100, Florida’s statement of claim, Texas’s small claims petition. Many courts accept e-filing.[1][2][3] Ask for a fee waiver if you cannot afford it.
- Serve the defendant. The court or you must deliver the papers by an approved method, by a deadline before the hearing (often 5 to 20 days), and file proof of service.
- Prepare your evidence. Bring three copies of contracts, receipts, invoices, photos, estimates, texts and a short timeline. Bring witnesses or written statements if your state allows them.
- Present your case and collect. Explain what happened in two minutes, show the documents, and ask for a specific amount. If you win and are not paid, ask the clerk about wage garnishment, bank levy or a lien.
What to bring to small claims court
- The filed claim form and proof of service.
- Your demand letter and any reply.
- Contracts, leases, invoices, receipts and canceled checks.
- Photos and repair estimates (two or three estimates are more persuasive than one).
- A one-page timeline and a calculation of the amount you ask for.
How long small claims takes
Most courts set the hearing 30 to 70 days after filing. Some require mediation or a pretrial conference first; Florida, for example, holds a pretrial conference where many cases settle.[2] In some states the losing defendant can appeal for a new trial, which adds months. New York City and Michigan publish their own timelines and rules for small claims parts.[4][5]
Common mistakes
- Suing the wrong legal name of a business.
- Filing in the wrong county or precinct.
- Missing the service deadline, which forces a new hearing date.
- Asking for amounts you cannot prove (for example, “pain and suffering” in a property case).
- Waiting too long: the statute of limitations applies in small claims too.
Lawyers are allowed in many states but barred in some; see the small claims attorney rules. State guides: small claims court California, small claims court Florida, small claims court Texas, small claims court Georgia.
Frequently asked questions
How do I file a claim in small claims court?
Confirm the amount is under your state’s limit and within the statute of limitations, send a demand letter, file the court’s claim form in the right county and pay the fee, serve the defendant, and bring organized evidence to the hearing.
How much does it cost to file in small claims court?
Filing fees range from about $5 to $295 depending on the state and amount, plus a service fee. Fee waivers are available for people with low income.
How do I serve small claims papers?
By a method your state allows: certified mail by the clerk, a sheriff or constable, or a private process server or adult who is not a party. Service must be completed a set number of days before the hearing, and proof filed.