Filing
Find the right court, estimate filing fees, and follow the steps to file your small claims case.
Tool Disclaimer
This tool provides general information and estimates only. Results are not legal advice and should not be relied upon for legal decisions. Actual requirements, fees, and procedures vary by jurisdiction. Always verify information with your local court before taking action.
Jurisdiction matters: Small claims rules, limits, and procedures vary significantly by state and county. Select your state for location-specific information, and always verify with your local court.
Find the Right Court to File
Enter your ZIP code to locate your county and find the official court resources for filing your small claims case.
Estimate Your Filing Costs
Filing fees vary by state and claim amount. Use this calculator to estimate your costs before filing. Remember to also budget for service of process fees.
Other Costs to Consider
Service of Process
$25-150 depending on method (sheriff, process server, or certified mail)
Copies & Postage
$5-20 for document copies and certified mail
Travel & Parking
Factor in courthouse parking and travel costs
Time Off Work
You may need to take time off for your court date
Can't Afford the Filing Fee?
Most courts offer fee waivers for people with low income. You may qualify if you:
- āReceive public benefits (food stamps, SSI, Medicaid, etc.)
- āHave income below the federal poverty guidelines
- āCannot pay basic living expenses if you pay the fee
Ask the court clerk for a fee waiver application form. It's usually a simple one-page form.
Step-by-Step Guide
7 steps from drafting to hearing
Document Organizer
Gather and organize evidence
Court Prep Checklist
Get ready for your hearing
Official Court Resources by State
California
Links go to official court websites. Always verify current rules and fees with your local court.
Service of Process
What is it?
After filing, you must legally notify the defendant. This is called "service of process" and has strict rules about who can serve and how.
Find a Process Server
These directories can help locate professional process servers. Not endorsements.
Subpoenas: Compelling Witnesses & Documents
What is a Subpoena?
A subpoena is a court order that compels a person to appear as a witness or produce documents. In small claims, you may need one to get evidence from third parties (like banks or employers) or ensure a witness shows up to testify.
Types of Subpoenas
Subpoena to Appear (Ad Testificandum)
Orders a person to appear in court and testify as a witness.
Subpoena for Documents (Duces Tecum)
Orders a person or business to produce specific documents or records.
When You Might Need One
- ā¢Bank records showing payments or account history
- ā¢Employment records to prove lost wages
- ā¢Medical records documenting injuries
- ā¢Phone or text records from carriers
- ā¢A witness who won't voluntarily appear
How to Obtain a Subpoena
- 1Get the form from the court clerk or download from your court's website
- 2Complete the form with specific details about who/what you need
- 3File with the court and pay any required fees
- 4Serve the subpoena using proper service methods (same rules as serving defendant)
- 5File proof of service with the court before your hearing
Subpoena Forms & Resources
Forms vary by state. Check your specific court's website for the correct subpoena form.
Important Timing
Subpoenas must be served with enough time for compliance (usually 10-20 days before hearing). For documents, include a "witness fee" payment if required by your state.
Make 3+ copies of everything: one for the court, one for the defendant, and one for yourself.
Service must be completed well before the hearing date. Check your court's specific deadline.
Can't afford fees? Most courts offer fee waivers for low-income filers. Ask the clerk.
Not sure where to start?
Take our questionnaire to organize your case information.
Legal Disclaimer
This page provides general information only and is not legal advice. Laws vary by state and locality, and information may be outdated. No attorney-client relationship is created. Consult a licensed attorney for advice about your specific situation. See our Terms of Service and Privacy Policy.