When you’re wronged—maybe a contractor never finished a job you paid for, a roommate left without paying their share of the rent, or a seller failed to deliver what they promised—you may assume that hiring a lawyer and going through a lengthy legal battle is your only option. However, there is a more accessible alternative for resolving such disputes: small claims court.
Small claims court is designed to help everyday individuals resolve civil disputes quickly, affordably, and without the need for legal representation. Estelle & Kennedy Law reviews everything you need to know—from eligibility and preparation to what happens in the courtroom—so you can confidently pursue justice on your own.
What Is Small Claims Court?
Small claims court is a branch of the civil court system that deals with relatively minor legal issues, often referred to as “low-stakes” or “informal” disputes. It’s intended to be straightforward and user-friendly, allowing individuals and small businesses to represent themselves without hiring an attorney.
Each state has its own small claims court system, and while the rules may vary, the general purpose remains the same: to provide a simple, speedy, and inexpensive way to settle disagreements over things like:
- Breach of contract
- Property damage
- Unpaid rent or security deposits
- Faulty goods or services
- Personal loans that weren’t repaid
Understanding the Claim Limits
One of the defining characteristics of small claims court is the limit on how much money you can sue for. This amount, known as the jurisdictional limit, varies by state. For example:
- In California, the limit is $12,000 for individuals and $5,000 for businesses.
- In New York, it’s $5,000.
- In Texas, it’s $20,000.
It’s important to check your state’s specific limit before deciding whether your case qualifies. If your damages exceed the small claims threshold, you’ll need to file your case in a higher court or reduce your claim to fit the cap—keeping in mind that you may not be able to recover the full amount you believe you’re owed.
Who Can File a Claim?
Generally, any individual over the age of 18, a legal guardian, or a business entity can file a small claims lawsuit. You do not need to be a U.S. citizen or legal resident to sue or be sued in small claims court.
Typical plaintiffs include:
- Consumers seeking refunds or compensation
- Tenants or landlords resolving disputes over deposits
- Contractors or clients disputing unpaid invoices
- Car owners claiming damages from minor accidents
Steps to Take Before Filing
Before heading to court, it’s wise to make a good-faith effort to resolve the issue informally. Courts favor plaintiffs who have tried to resolve disputes out of court, and sometimes a written demand for payment or resolution is all it takes.
Here’s how to prepare:
- Gather Documentation: Collect all relevant paperwork—contracts, invoices, text messages, photos, emails, repair estimates, receipts, and any other records that support your case.
- Send a Demand Letter: A formal letter outlining the issue, what you want done to resolve it, and a deadline (usually 10–14 days) can demonstrate your seriousness and often leads to a settlement.
- Check Statutes of Limitation: Every state has a deadline (ranging from 1 to 10 years) for filing certain types of claims. Ensure your case is still within the allowable timeframe.
How to File a Small Claims Case
Once you’ve gathered evidence and made attempts to resolve the matter, follow these general steps to initiate your case:
- Find the Correct Court: File in the jurisdiction where the dispute occurred or where the defendant lives or does business.
- Complete the Forms: Most courts provide a “Plaintiff’s Claim” or “Complaint” form. Fill it out carefully and accurately.
- Pay the Filing Fee: Fees range from $20 to $150 depending on the amount claimed and the jurisdiction. Low-income filers may qualify for a fee waiver.
- Serve the Defendant: You must legally notify the defendant of your claim. This is typically done by a process server, sheriff, or certified mail.
- Prepare for the Hearing: Organize your evidence, prepare a short statement of your case, and be ready to answer questions from the judge.
What Happens in Court?
Small claims hearings are usually informal and efficient, often taking less than 30 minutes. Here’s what to expect:
- No Lawyers: In most states, neither side can be represented by an attorney during the hearing.
- Judge or Magistrate: A judge will hear both sides, ask clarifying questions, and review the evidence.
- Rulings: Decisions are typically made immediately or mailed within a few weeks.
You don’t need to dress like a lawyer or speak in legalese—just be respectful, concise, and stick to the facts.
After the Verdict: Collecting What You’re Owed
Winning a small claims case is only half the battle; collecting the judgment can be the trickier part. If the defendant refuses to pay, you may need to:
- Request a wage garnishment
- Place a lien on their property
- Seize assets through court order
Most courts have post-judgment procedures to assist you with enforcement. Some states even allow the winner to recoup enforcement costs from the debtor.
Appeals and Limitations
In many states, only the losing party (usually the defendant) can appeal a small claims judgment, and they must do so within a short timeframe—often 10 to 30 days. However, appeals in small claims are rare due to the cost and effort involved.
It’s also important to know what small claims court doesn’t cover:
- Divorce, child custody, and guardianship cases
- Criminal matters
- Defamation or slander lawsuits
- Disputes involving the federal government
Empowering Yourself Through Small Claims
Small claims court isn’t just for the legally savvy—it’s designed for everyday people to advocate for themselves. With preparation, organization, and a calm approach, you can present your case clearly and confidently without an attorney.
Whether you’re seeking justice over an unpaid invoice, a broken lease agreement, or a damaged piece of property, small claims court offers a powerful way to resolve disputes on your terms—no legal degree required.