How small claims court works
Small claims court exists for people who don’t have lawyers. The forms are simpler, the rules of evidence are relaxed, and a hearing takes minutes rather than days. Filing fees are modest and usually rise with the size of the claim (New York City charges $15 or $20; Florida charges $295 for claims over $2,500), and the judge can usually add them to the judgment if you win. Some states, including California, Michigan, and Nebraska, don’t allow attorneys at all, so both sides argue on equal terms.
- Send a final demand. A dated demand sent by certified mail resolves many disputes without a lawsuit, and some states effectively require one: California’s claim form asks you to confirm that you asked for payment, and Massachusetts consumer claims require a 30-day demand letter. Wherever you file, expect the judge to ask whether you tried to settle it first. Your letter answers that.
- File and serve correctly. Sue the other side under its exact legal name (look up businesses on your Secretary of State’s site), file in the right county (usually the defendant’s), and have the papers served by an approved method, with proof. When a case falls apart before the hearing, a service or naming mistake is often the reason.
- Bring documents. Judges decide these cases on paper: the contract or agreement, the invoices or receipts, the photos, and your demand letter with its green certified-mail card. Bring three organized sets (one for the judge, one for the other side, one for you) and an account of what happened that you can give in 60 seconds.
- Collect the judgment. Courts don’t collect judgments for you, and their own forms say so. Winning gets you a judgment; wage garnishment, bank levies, property liens, and debtor’s examinations turn it into money. Part 4 of this toolkit covers those steps.
How much can I sue for?
Every state caps small claims, from $2,500 (Kentucky) to $25,000 (Tennessee and Delaware). Look up your state’s cap with the free small claims limits tool. If you’re owed more than the cap, you can usually give up the excess and still use small claims, which often makes more sense than paying a lawyer to chase the difference.
Do I need a lawyer?
Usually not. The court expects people to represent themselves, several states restrict attorneys anyway, and at typical claim sizes a lawyer would cost more than the dispute is worth. Paid legal advice earns its fee when your claim is well above your state’s limit, or when the other side sues you back for serious money.
Small Claims Court Kit provides self-help document templates and general information. It is not legal advice, and it is not a substitute for the advice of an attorney. Kits For That is not a law firm. Court procedures, fees, forms, limits, and deadlines vary by state and county and change over time, so check the current rules with your local court before you file. Facts verified against official court sources as of July 2026.