Filing a small claims case involves several steps, but the process can vary by state. Here’s a general guide:
1. Determine Eligibility
Each state has its own small claims court limits (usually between $2,500 and $25,000). Check your state’s small claims court limit to ensure your case qualifies.
Common small claims cases include:
- Unpaid debts
- Breach of contract
- Property damage
- Landlord-tenant disputes
- Consumer fraud
What you CANNOT sue for in small claims:
- Cases requiring injunctive relief (e.g., asking someone to stop doing something)
- Cases involving slander/libel
- Cases exceeding the state’s dollar limit
2. Identify the Defendant
- You must sue the correct legal entity (person or business).
- If suing a business, check your Secretary of State’s website for its official name and registered agent.
3. Gather Evidence
- Contracts, invoices, or agreements
- Emails, text messages, or call logs
- Photos/videos (if applicable)
- Witness statements
4. Complete the Required Forms
- Visit your local small claims court website for forms.
- Fill out the “Complaint” or “Statement of Claim” form.
- Include:
- Your name & contact info
- Defendant’s name & contact info
- A brief explanation of the claim
- The amount you are suing for
5. File the Case
- Go to your local small claims court (or file online if available).
- Pay the filing fee (usually $30–$200 depending on the state).
- Get a case number and court date.
6. Serve the Defendant
- The defendant must be notified of the lawsuit.
- Ways to serve (varies by state):
- Certified mail
- Sheriff or process server
- Personal service (in some cases)
7. Prepare for Court
- Organize your evidence.
- Prepare a concise explanation of your case.
- Be polite and professional when presenting.
8. Attend the Hearing
- Show up on time.
- Present your evidence clearly.
- The judge will make a ruling, sometimes the same day.
9. Collect the Judgment
- If you win, the court may order the defendant to pay.
- If they don’t pay, you might need to enforce the judgment through:
- Wage garnishment
- Bank levy
- Seizing assets