Small Claims Court:
How to Sue Without a Lawyer.

What Is Small Claims Court?

Small claims court is a special division of civil court designed to resolve lower-value money disputes quickly and inexpensively. The rules are simplified, the hearings are informal, and in most states both parties appear without attorneys. A judge (or magistrate) hears both sides and typically issues a ruling the same day.

Small claims court is ideal for: security deposit disputes, damage to your car or property, unpaid loans, contractor problems, faulty goods, and minor contract disputes. It is not available for criminal matters, divorce, custody, or claims exceeding the court's dollar limit.

Small Claims Court Limits by State (2026)

The maximum amount you can sue for in small claims court varies significantly by state. Here are the current limits for major states as of 2026:

• California: $12,500 for individuals; $6,250 for businesses (individual plaintiffs can file up to 2 claims exceeding $2,500 per year)
• Texas: $20,000 (Justice of the Peace Court)
• New York: $10,000 (City Court, Civil Court, District Court); $5,000 in Village and Town Justice Courts
• Florida: $8,000
• Illinois: $10,000
• Washington State: $10,000
• Colorado: $7,500
• Georgia: $15,000 (Magistrate Court)
• Arizona: $3,500
• Massachusetts: $7,000
• Pennsylvania: $12,000 (Magisterial District Court)
• Ohio: $6,000
• Michigan: $7,000
• North Carolina: $10,000 (Small Claims Court / Magistrate)
• Virginia: $5,000 (General District Court small claims docket)

Always verify with your local court — limits change. If your claim exceeds the limit, consider filing in regular civil court or reducing your claim to fit within small claims.

What Cases Can You Bring to Small Claims Court?

• Security deposit disputes: Suing your former landlord for wrongfully withholding your deposit
• Property damage: Car accidents (minor), neighbor damage, damaged personal property
• Unpaid loans: Money lent to a friend, family member, or small business that was not repaid
• Contractor disputes: Shoddy work, unfinished projects, or failure to refund deposits
• Defective products or services: Consumer disputes with retailers, service providers
• Unpaid wages or freelance work: For amounts within the court's limit
• Lease disputes: Unpaid rent, property damage, move-out disagreements
• Personal injury (minor): Dog bites, slip and falls for smaller damage amounts

What small claims court cannot handle

• Criminal matters of any kind
• Divorce, custody, or family law matters
• Injunctions (orders requiring someone to do or stop doing something)
• Claims above the court's dollar limit
• Defamation, libel, or slander in most states
• Cases involving federal law (usually)

Step-by-Step: How to File a Small Claims Case

Step 1: Determine the right court and verify the statute of limitations

• File in the county where the defendant lives or does business, or where the dispute arose
• Verify the statute of limitations for your type of claim — do not wait too long
• Common statutes of limitations: property damage (3 years in most states), contracts (3–6 years), security deposits (2–4 years)

Step 2: Send a demand letter first

Before filing, send a formal demand letter to the other party. This is good practice (and required in some states) that:

• Clearly states what you are owed and why
• Gives the other party a deadline to pay (typically 10–14 days)
• Demonstrates to the judge that you tried to resolve the matter before filing
• Sometimes gets you paid without having to go to court at all

Step 3: Fill out the claim form and pay the filing fee

• Obtain the claim form from your local courthouse or the court's website
• State your claim clearly: what happened, what you are owed, and the specific dollar amount
• Filing fees typically range from $30–$75 depending on the amount and the state
• In most states you can file online, in person, or by mail

Step 4: Serve the defendant

The court must formally notify the defendant of the lawsuit. Most courts handle service for you (via certified mail) for a small fee. In some states you must arrange service yourself via a process server or the sheriff. Service is complete when the defendant receives or is properly served with the paperwork.

Step 5: Prepare for your hearing

This is the most important step. Organize your evidence:

• Written evidence: Contracts, leases, emails, text messages, receipts, invoices, photos, move-in/move-out inspection reports
• Monetary evidence: Bank statements showing payments made or not received; repair estimates and receipts
• Witnesses: Anyone with direct knowledge of the dispute can appear and testify on your behalf
• Organize everything chronologically and bring 3 copies: one for yourself, one for the judge, one for the other party
• Practice your presentation — you will typically have 5–15 minutes to present your case

Step 6: Attend the hearing

• Arrive at least 15 minutes early; bring all your evidence and extra copies
• Address the judge as "Your Honor"; be polite and stay focused on the facts
• Do not interrupt the other party when they speak — you will have a chance to respond
• The judge may ask questions — answer directly and honestly
• Judgment is often delivered at the end of the hearing; sometimes issued by mail within a week

After the Judgment: How to Collect

Winning a judgment does not mean you automatically get paid. If the losing party (judgment debtor) does not pay voluntarily, you must take additional steps to collect:

• Wage garnishment: With a court order, a percentage of the debtor's wages is withheld from each paycheck (up to 25% of disposable income under federal law; some states have lower limits)
• Bank account levy: With a court order (writ of execution), the sheriff can seize funds from the debtor's bank account
• Property lien: Record the judgment as a lien against real property the debtor owns; they cannot sell or refinance without satisfying the lien
• Judgment interest: Your judgment accrues interest from the date of judgment until paid — typically 5–10% per year depending on the state
• Renewals: Judgments expire (typically 5–10 years) but can be renewed before expiration

Tips for Winning in Small Claims Court

• Be organized: Judges see dozens of cases per day. A well-organized, clearly presented case stands out
• Stick to the facts: Do not emotionally vent or go off on tangents. State what happened, when, and how much it cost you
• Bring receipts and documentation: Paper evidence is far more persuasive than your word alone
• Be specific about damages: State the exact dollar amount and how you calculated it — guesses or round numbers are less persuasive
• Know the law: A brief, accurate reference to the relevant statute (e.g., California Civil Code §1950.5 for security deposits) impresses judges and shows preparation
• Show you tried to resolve it first: Bring your demand letter and evidence that the other party ignored it