How to File in Small Claims Court
A step-by-step guide to the small claims court filing process. Review each step and the resources below.
Educational Information Only: This guide provides general educational information, not legal advice. Whether small claims court is appropriate for your situation depends on many factors specific to your case. Consider consulting with an attorney if you are unsure about your legal options.
Filing Process Overview
This guide outlines the general steps for filing a small claims case. Requirements vary by state and court. Always verify procedures with your local court before filing.
Before You Start
Review these common requirements. Actual requirements depend on your state, court, and specific situation.
Check Claim Limits
Verify your claim is within your state's limit
Check Time Limits
Research statute of limitations for your claim type
Gather Documentation
Collect contracts, receipts, photos, and communications
Know Defendant Info
You'll need their name and address for service
General Filing Steps
Calculate Your Exact Claim Amount
Add up all damages: money owed, repair costs, replacement value, lost wages, and any other financial losses directly caused by the defendant.
Send a Formal Demand Letter
Even if you've contacted them before, a written demand letter creates documentation and gives them one last chance to resolve this without court.
Gather and Organize Your Evidence
Collect all documents, photos, communications, and receipts that support your case. Organize them chronologically.
Identify Your Court
Find the correct small claims court for your case. This is usually where the defendant lives or where the incident occurred.
File Your Claim
Complete the required forms, pay the filing fee, and submit your case to the court. Most courts offer online or in-person filing.
Serve the Defendant
The defendant must be officially notified of your lawsuit. This can be done through certified mail, process server, or sheriff's office.
Prepare for Your Hearing
Practice presenting your case clearly and concisely. Prepare what you'll say and anticipate the defendant's arguments.
Get Started Now
Important Reminders
- ā¢ Keep copies of everything you submit to the court
- ā¢ Follow up on service - ensure the defendant receives notice
- ā¢ Even if you win, you may need to collect the judgment separately
- ā¢ Consider whether the defendant has assets to pay if you win