How to File a Small Claims Case Step-by-Step: A Practical Guide

Introduction: Why filing a small claims case might be the fastest way to get paid

If someone owes you money, learning how to file a small claims case can be the fastest, simplest path to getting paid. Small claims court handles unpaid invoices, security deposit disputes, minor property damage, and many consumer issues where the dollar amount falls within your state limit. For example, a freelance designer chasing a $2,000 invoice or a renter fighting a withheld deposit can often resolve the dispute faster here than in full civil court.

Benefits: low filing fees, informal rules, no attorney required, and faster hearings. Downsides: limits on the amount you can recover, and you may need to take extra steps to collect a judgment. Expect fees roughly $30 to $100, claims caps generally between $2,500 and $10,000 depending on state, and a hearing scheduled in four to twelve weeks. Check local court rules and gather invoices, contracts, photos, and message threads before you file.

Step 1, Confirm your case belongs in small claims court

Before you learn how to file a small claims case, make sure your dispute actually belongs there. Start with four quick checks.

1. Jurisdictional limit. Every state sets a dollar cap. Limits range from roughly $2,500 to $25,000 depending on where you live. For example, California allows up to $10,000 for individuals, and often lower limits for businesses. Look up your state or county court website to confirm the exact number.

2. Who can sue. Individuals, sole proprietors, and many small businesses can file. Corporations can too, but filing rules vary. If you represent a business, check naming and standing requirements before you file.

3. Typical exclusions. Small claims courts do not handle criminal cases, divorce, probate, bankruptcy, most eviction actions, or disputes that require changing property title or injunctive relief. If you need non monetary remedies, choose a different court.

4. When to hire a lawyer. If your claim exceeds the limit, involves complicated contracts, multiple parties, or you need equitable relief, file in civil court and consult an attorney. Also verify the statute of limitations and add interest and costs when calculating your total claim.

Step 2, Gather the evidence that wins cases

Evidence wins cases. When you prepare for how to file a small claims case, focus on the documents the judge will actually care about, then make them impossible to miss.

Start with this checklist: signed contracts or service agreements, invoices and receipts, proof of payment (bank statements, canceled checks), photos before and after, text messages and emails, repair estimates, delivery or shipping records, police or incident reports, and any warranties. For example, a contractor dispute should include the signed contract, dated invoices, and time stamped texts about missed deadlines.

Organize everything chronologically in a labeled binder or a single searchable PDF, add a one‑page “Evidence Index” listing exhibits by number and short description, and attach tabs so the judge finds key pages quickly. Bring originals plus two sets of photocopies, or follow your court’s copy rules.

Photo tips: include a ruler or coin for scale, shoot wide and close, keep EXIF data when possible, and add short captions with dates. For witnesses, get a signed statement, contact info, and one clear paragraph of what they saw.

Step 3, Calculate what to claim including fees and interest

Start with documented actual losses, receipts, invoices, repair estimates, and photos. Add them up, then check your state small claims limit so your total stays eligible. When you prepare your claim, write each line item, dates, and the amount requested for clarity.

Add interest from the date the loss occurred to the filing date, using your state statutory rate. Example, $1,000 at 6 percent for nine months equals $45 in interest, calculated as 1000 × 0.06 × 9/12. Note some courts allow pre judgment interest only after filing, check local rules.

Include court costs, service fees, and certified mail. Typical filing fees range widely, so get the exact number from the court clerk. Finally, decide whether small additional losses are worth listing, weigh the extra effort against the likely recovery and credibility with the judge.

Step 4, Send a demand letter before you file

A short demand letter often stops a case before you spend time and money filing. It proves you tried to resolve the problem, can prompt payment, and gives the other party a clear deadline to act. Send it by certified mail, keep the receipt, and attach photos or invoices.

Quick template you can copy:
Date, your name and contact, recipient name and contact.
Statement: "You owe $X for [reason]. Please pay $X by [date]."
Consequence: "If not paid by that date I will file a small claims case and seek court costs."
Your signature.

Timing and next steps: give 7 to 14 days for simple claims, 30 days for more complex disputes. If there is no response, file in small claims court, include the demand letter as evidence, and consider a mediation option if the court offers it.

Step 5, Fill out court forms and file your claim

Every court has a slightly different packet, but the core forms are almost always the same: a claim or complaint form, a summons for the defendant, and a proof of service or affidavit showing the defendant was notified. Some courts add a civil cover sheet or a small claims statement explaining your damages. Fill in the defendant’s legal name and the address where they can be served, not a nickname or P.O. box.

File where the defendant lives or where the dispute happened, usually at the county small claims court. Many courts let you file online, which saves a trip and gives an electronic timestamp; filing in person lets you get your copies stamped and ask the clerk quick questions. Typical filing fees run roughly thirty to one hundred dollars depending on the claim amount, and fee waivers are available if you meet income rules.

Check filing deadlines by looking up the statute of limitations for your claim type on your state court website, or call the clerk to verify. After filing, get a stamped copy, schedule service, and calendar your court date.

Step 6, Serve the defendant correctly and prove service

After you file, you must serve the defendant the way your court requires. Common methods include personal service by a sheriff or process server, certified mail with return receipt when allowed, substituted service at the defendant’s home with a competent adult, and in rare cases posting or publication if the court approves.

Prove service with an affidavit of service from the server, a signed return receipt, or a stamped sheriff’s certificate, then file that proof with the court before your hearing and keep copies.

Deadlines vary; many courts demand service at least 10 to 20 days before trial, longer for out of state defendants. Check local rules or ask the clerk.

If the defendant cannot be found, document every attempt, hire a skip tracing service or process server, and if needed ask the court for permission to serve by publication.

Step 7, Prepare for court day and present your case

Show up well prepared. Bring originals plus at least three copies of every document, labeled exhibits, a notepad, and a folder for the clerk. Turn your phone off, arrive 30 minutes early, and dress in neat business casual. If you filed pro se after reading how to file a small claims case, this will calm nerves and prevent last minute scrambling.

Courtroom checklist
Originals of contracts, invoices, receipts, cancelled checks, and photos, each with numbered exhibit tabs.
A short witness list and signed witness statements, with contact numbers.
A timeline one page long that highlights dates and amounts.
Calculator and copies to hand to the judge and opposing party.
Any physical evidence neatly packaged and photographed.

Practice a 60 to 90 second opening that states facts, the amount you seek, and why the law favors you. Ask witnesses to arrive early and rehearse concise answers; avoid storytelling. When admitting evidence, offer it to the clerk and say, I move to admit exhibit 1, and hand copies to the other side. Always address the judge as Your Honor, speak slowly, and stay professional even if the other side becomes emotional.

Step 8, After judgment, how to collect what you won

Get a certified copy of the judgment from the court right away. That paper is what lets you place liens, levy bank accounts, or ask the court for a writ of garnishment. Start with a simple demand letter, then offer a written payment plan, for example monthly installments with a signed promissory note. A written plan makes enforcement easier if the debtor defaults.

If the debtor refuses, record the judgment as a lien on real property, or request a bank levy or writ for wage garnishment. Wage garnishment basics: you usually need a court order served on the employer, and most states limit how much can be taken from disposable wages, often around 25 percent, but check your state rules for exact caps and exemptions.

Use a collections attorney when the debtor hides assets, moves out of state, or when the judgment is large enough that attorney fees are justified. An attorney can run asset searches, domesticate judgments in other states, and execute complex levies.

Conclusion and next steps, checklist and resources

Ready to act on how to file a small claims case? Use this checklist: 1) Confirm jurisdiction and claim limit. 2) Gather contracts, photos, receipts and witness contacts. 3) Calculate damages and fees. 4) Fill claim form, attach evidence. 5) File with court clerk and pay the filing fee. 6) Serve the defendant and schedule the hearing. Next: call court clerk for local rules, try mediation, rehearse testimony. Resources: state court website, small claims self help center, local law library.