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Debt Collection

Complete guide to collecting money owed to you through small claims court.

Money Owed to You

Personal loans, unpaid invoices, bounced checks, and informal debts - small claims court can help you recover money that someone owes you.

$500-$10,000
Typical Claims
2-6 Years
Statute of Limits
2-4 mo
Typical Timeline

What Small Claims CAN Handle

  • Personal loans not repaid (with or without written agreement)
  • Unpaid invoices for services or goods
  • Bounced checks and NSF payments
  • Money loaned to friends or family members
  • Informal agreements to repay
  • Partial payments owed on agreed amounts

What Requires Different Courts

  • Debts exceeding your state's small claims limit
  • Debts older than statute of limitations
  • Complex business disputes requiring discovery
  • Bankruptcy-protected debts
  • Fraud claims requiring criminal investigation
  • Wage claims (usually labor board)

Common Scenarios

🤝

Personal Loan Not Repaid

You lent money to a friend, family member, or acquaintance with an agreement to repay, but they haven't paid back as promised.

Typical claim: $500 - $5,000
📄

Unpaid Invoice

You provided services or goods, sent an invoice, but the customer or client hasn't paid despite reminders and demands.

Typical claim: $200 - $10,000
🏦

Bounced Check

Someone gave you a check that bounced due to insufficient funds, and they haven't made good on the payment despite requests.

Typical claim: $100 - $2,000 + fees
👨‍👩‍👧‍👦

Money Owed by Family

A family member borrowed money for emergencies, bills, or other needs and hasn't repaid as agreed, creating an awkward situation.

Typical claim: $1,000 - $5,000

Evidence You Should Gather

Strong documentation is critical for debt collection cases. The more proof you have, the better your chances.

Written Agreements

  • Signed promissory note or loan agreement
  • Invoices with payment terms
  • Contracts for services/goods
  • Written IOU or acknowledgment
  • Payment plan agreements

Proof of Transfer

  • Bank statements showing transfer
  • Cancelled checks you wrote
  • Venmo/PayPal/Zelle records
  • Wire transfer confirmations
  • ATM withdrawal receipts

Communications

  • Texts admitting they owe money
  • Emails discussing the loan
  • Voicemails acknowledging debt
  • Demand letters you sent
  • Promises to pay messages

Bounced Check Evidence

  • Copy of the bounced check
  • Bank notice of NSF
  • Record of bank fees charged to you
  • Follow-up communication attempts

Critical Information About Debt Collection

Statute of Limitations
Written contracts: 4-6 years. Oral agreements: 2-4 years. Varies by state - check yours before filing.
Oral vs Written Agreements
Written agreements are easier to prove but oral loans can still be enforced with supporting evidence.
Interest on Loans
You may be able to claim interest if agreed upon. States have usury laws limiting maximum rates.
Collecting a Judgment
Winning is step one. You may need to use wage garnishment or bank levies if they don't pay voluntarily.

Pro Tip: Send a Demand Letter First

Before filing, send a formal demand letter by certified mail. Many debtors pay when they see you're serious, and it shows the court you tried to resolve it.

Keep Records of Every Payment

Document any partial payments received. They acknowledge the debt and can reset the statute of limitations in some states.

Consider the Relationship Cost

Suing friends or family can permanently damage relationships. Consider if the money is worth the personal cost, and try mediation first.

Check Their Ability to Pay

A judgment is only valuable if the person can pay. Consider if they have assets, employment, or bank accounts that could satisfy a judgment.

Example Case + How This Site Helps

Example: A former client never paid your final invoice.

You delivered services, sent final invoices, and offered a payment plan. The debtor acknowledged the balance but still did not pay.

Typical claim range: $500-$7,500

What to collect first

  • Invoice history and signed service agreement
  • Messages where the debt is acknowledged
  • Ledger of all partial payments and remaining balance
1

Confirm fit and priorities

Start with the quiz so the app can steer you toward the right dispute flow and state rules.

Take the quiz
2

Organize evidence and timeline

Use Case Manager to track facts, deadlines, and uploads so your story is clear and ready for court.

Open Case Manager
3

Prepare your pre-filing package

Generate a demand letter and supporting documents to improve settlement chances before filing.

Build demand package
4

Plan filing and hearing prep

Use filing guidance, calendar, and statement tools so you can submit correctly and present clearly.

Review filing steps

Ready to Collect What's Owed?

Take our intake quiz to organize your evidence and determine if small claims is the right path for your debt collection case.

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.

Site assistant
Hi, I’m the Small Claims Helper assistant. I can describe what each part of the site does and how to use it. Ask about the quiz, steps, states, docs, resources, or preparing for court.
Disclaimer: This assistant explains how to use this website only. It is not a licensed attorney, does not provide legal advice, and cannot evaluate your case. Information may be incomplete or outdated. Always verify with official court websites and consult a lawyer for legal advice.