What is small claims court?
Small claims court is a division of civil court designed for people to resolve minor disputes quickly and inexpensively without a lawyer. Cases are heard by a judge or magistrate, the procedures are simplified, and decisions are usually issued the same day. Common cases include unpaid debts, security deposit disputes, property damage, and minor contract breaches.
How much can I sue for in small claims court?
Dollar limits vary by state: California — $12,500 (individuals); New York — $10,000; Texas — $20,000; Florida — $8,000; Illinois — $10,000. A few states cap claims as low as $2,500. If your claim exceeds the limit, you can either reduce your claim to fit the limit or file in regular civil court. You cannot split a single claim into multiple small claims cases.
What types of cases can I file in small claims court?
You can typically sue for: unpaid loans or debts; security deposit disputes; damage to property; minor contract disputes; bad checks; property damage from accidents; and small consumer protection claims. You generally cannot use small claims court to sue for divorce, guardianship, name changes, or criminal matters.
How do I file a small claims court case?
Go to your county courthouse or your court's online filing system. Fill out a small claims complaint form (sometimes called a "Plaintiff's Claim") with the defendant's legal name, address, the amount you are claiming, and a brief description of why you are owed the money. Pay the filing fee (typically $30–$100) and get a hearing date. The court will then notify you of the method required to serve the defendant.
How do I properly serve a defendant in small claims court?
Proper service is critical — a case will be dismissed if the defendant was not legally served. Most states allow service by: certified mail (sent by the court or by you); personal service by the sheriff or a process server; or substituted service (leaving documents with a responsible adult at the defendant's home or business). Keep all proof of service documents for your court file.
What evidence should I bring to small claims court?
Bring original documents and at least two copies of everything: contracts, invoices, receipts, text messages, emails, photos (printed), bank records, canceled checks, and any written communication with the defendant. Organize your evidence chronologically. Witnesses can attend or submit written declarations in some states. Prepare a clear, concise timeline of events to present to the judge.
What happens at a small claims hearing?
You and the defendant each get a few minutes to explain your sides of the dispute to the judge. The judge may ask questions. You present your evidence and witnesses. There are no formal rules of evidence — judges are informal and practical. Many hearings last 10–20 minutes. The judge typically rules from the bench the same day, though some courts mail a written decision.
What if the defendant does not show up to small claims court?
If the defendant was properly served and does not appear, the judge will likely enter a default judgment in your favor for the amount you claimed (or a lesser amount the evidence supports). Make sure you have proof of proper service with you. A default judgment does not automatically get you paid — you still need to collect using wage garnishment, bank levies, or liens.
Can I appeal a small claims court decision?
Yes. Most states allow either party to appeal a small claims decision to a higher trial court within 30 days of the judgment. On appeal, you typically get a new hearing (de novo review). Some states only allow the defendant to appeal; others allow both parties. Appeals require paying an additional filing fee and are heard in the regular civil court division.
How do I collect a small claims judgment if I win?
Winning a judgment is step one — collecting is step two. If the defendant does not pay voluntarily, you can: garnish wages (requires filing an earnings withholding order); levy a bank account (requires filing a writ of execution); record a judgment lien against real property; and conduct a debtor examination (order the defendant to court to answer questions about their assets under oath).
Can a business sue or be sued in small claims court?
Yes. Businesses can both file and defend small claims cases. Depending on the state, a business may be required to appear through its owner rather than an attorney (this rule is specifically designed to keep the process accessible). Sole proprietors typically appear in their own name; corporations and LLCs may need to appear through an officer or owner, not a lawyer.
What is a counterclaim in small claims court?
A counterclaim is a claim the defendant files against the plaintiff arising from the same dispute. For example, if someone sues you for property damage, you can counterclaim that they owe you money. File a counterclaim before or at the hearing. Some states require counterclaims to be filed a certain number of days before the hearing date. If the counterclaim exceeds the small claims limit, the case may be transferred to regular civil court.
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