How to sue someone in small claims court.
The simplified court for everyday money disputes. Most caps fall between $5,000 and $20,000, hearings take 10 to 15 minutes, and you don’t need a lawyer. Pick a category below to start, browse popular topics, or jump straight to your state for filing fees and forms.
Pick a category.
Each guide covers the legal theory, what evidence to bring, what you can recover, and how to file in your state.
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Popular topics.
The most-searched specific scenarios across all categories.
Sue a landlord for a security deposit
2x or 3x penalties in most states
Sue an employer for wrongful termination
When small claims fits vs. needing an attorney
Sue an employer for unpaid wages
FLSA + state wage acts (often 2x damages)
Sue someone for hitting your parked car
When insurance won't pay
Sue a contractor who took the deposit and vanished
License board + bond + court
Sue someone who owes you money
Most informal loans are recoverable
Sue a friend who won't pay you back
Venmo records + texts = case
Sue a roommate for unpaid rent
Joint-and-several lease + contribution
Sue a neighbor for property damage
Their homeowners insurance covers most
Sue a neighbor for noise
Private nuisance + city ordinances
How small claims actually works.
The whole process is built for self-represented filers. No lawyers required (and not even allowed in some states). Most cases resolve in 30 to 90 days from filing.
The process, step by step
- 01State caps. Usually $5,000 to $20,000. Texas $20K, California $12.5K (individual), New York $10K. Above the cap, you need higher court.
- 02Filing fees. $30 to $100 typical. Some states scale by claim amount. Many states waive for low-income filers.
- 03Service of process. Sheriff, certified mail through the clerk, or private process server. You cannot serve it yourself.
- 04Hearing. 10 to 15 minutes. Lead with the dollar amount, the legal theory, and your paper trail. Judge often rules from the bench.
- 05Collection. 30 days to pay voluntarily; then judgment lien, bank levy, wage garnishment, writ of execution.
What to bring
- Contracts and receipts showing what was agreed and what was paid.
- Photos with timestamps showing damage, conditions, or pre-incident state.
- All communications (texts, emails, certified-mail receipts).
- Witness contact info for anyone who saw what happened.
- Demand letter showing you tried to resolve before filing. Most judges expect to see one.
File in your state.
Filing fees, caps, forms, and service rules vary by state. Pick yours for the exact statute citations, court forms, and step-by-step filing process.
Three ways to move forward.
Most disputes settle once a real demand letter arrives. If yours does not, the state guide walks you through filing step by step.
What is small claims court?
A simplified court for everyday money disputes. Most state caps fall between $5,000 and $20,000. Hearings take 10 to 15 minutes. You don’t need a lawyer (and in some states, like California, lawyers aren’t even allowed at the initial hearing).
How much does it cost to file?
Filing fees usually run $30 to $100, depending on the state and the claim amount. Service-of-process costs run $30 to $80. The losing party often pays your filing fee back. Many states waive fees for low-income filers.
Do I need a lawyer?
No. Small claims is built for self-represented filers. In some states (California, for example) lawyers aren’t even allowed at the initial hearing. The format is simple: explain what happened, show your evidence, judge decides.
How long does the process take?
30 to 90 days from filing to hearing in most states. Hearings themselves run 10 to 15 minutes. Judges often rule from the bench or send a written ruling within a few days. Collection on a judgment is separate and can take longer.
What can I sue for?
Money damages within your state’s cap (usually $5,000 to $20,000). Landlord disputes, employer disputes, contractor work, auto-related damage, neighbor disputes, personal loans, roommate disputes, online seller disputes, and refund disputes are all common. Personal injury and discrimination cases usually need higher courts.
How do I serve the defendant?
Sheriff, certified mail through the clerk, or a private process server. You cannot serve it yourself. File proof of service before the hearing. For businesses, serve the registered agent (look it up on your state secretary of state website).
What if the defendant doesn’t show up?
You usually win by default judgment. The court issues judgment in your favor based on your unopposed evidence. Default judgments enforce the same way as contested judgments: lien, levy, garnishment.
Will this affect the defendant’s credit?
Yes if it goes to judgment. Civil judgments appear on credit reports for 7 years. The threat of a judgment hitting credit is one reason demand letters work: most defendants settle before judgment to avoid the credit hit.
This is general legal information, not legal advice. CivilCase is not a law firm. State laws vary widely on caps, fees, deadlines, and procedure. Verify everything against your state’s official source before filing, or read our disclaimer.