Small claims court exists to help people resolve disputes quickly and affordably—without the need for expensive lawyers. Whether you’re suing someone or defending yourself, understanding the process can give you a major advantage. Here’s a practical, step-by-step guide to navigating small claims court.
Step 1: Confirm That Your Case Qualifies
Each state sets a maximum amount you can sue for in small claims court (often between $2,500 and $10,000). Common issues include unpaid rent, security deposit disputes, damage to property, and breach of contract. Criminal cases or family law matters typically do not qualify.
Step 2: Gather Evidence
Success in small claims court depends heavily on the evidence you present. Collect everything related to your case:
- Contracts or written agreements
- Emails or text message conversations
- Photographs or videos
- Receipts and invoices
- Witness statements
Organize these documents in a logical order to present clearly to the judge.
Step 3: Send a Demand Letter
Before filing, you’re often required—or at least strongly encouraged—to try resolving the issue outside of court. Send a written demand letter outlining:
- What the dispute is
- What resolution you’re seeking
- A deadline for response (typically 7–14 days)
This shows the court you made a good-faith effort to resolve the issue.
Step 4: File Your Claim
Visit your local small claims court or their website to get the required forms. You’ll need to provide:
- Names and contact info of all parties involved
- Description of the dispute
- Amount you’re suing for
Pay the filing fee (which may be waived for low-income individuals), and make sure to keep copies of everything.
Step 5: Serve the Defendant
You must officially notify the person you’re suing. This is called “serving” the defendant and must follow legal procedures. You can usually use a process server, sheriff’s department, or certified mail. Once served, file proof of service with the court.
Step 6: Prepare for Court
Write out a summary of your case and rehearse how you’ll present it. Bring all your evidence in a folder and make extra copies for the judge and the other party. Dress professionally and be respectful—this helps your credibility.
Step 7: Attend the Hearing
Arrive early, check in with court staff, and wait for your case to be called. During the hearing:
- Stick to the facts
- Present your evidence calmly
- Answer any questions the judge asks
- Avoid interrupting the other party
Most small claims hearings last 15–30 minutes.
Step 8: Get the Judgment
The judge may issue a decision immediately or mail it later. If you win, the court may help enforce the judgment, though collecting the money is still your responsibility. You can use wage garnishment or liens if needed.
Step 9: Consider an Appeal (If Necessary)
In most states, only the defendant can appeal. If you’re unhappy with the decision, check your state’s rules to see what options are available.
Final Thoughts
Small claims court is a great tool for resolving everyday disputes without a lawyer. By preparing properly, staying organized, and following the rules, you improve your chances of a fair outcome. Legal conflicts are stressful, but with the right approach, you can handle them effectively and confidently.