How to File a Small Claims Case, Step by Step
Small claims court is a simplified court for money disputes up to a limit set by each state. Court self-help guides describe broadly similar steps: ask the other side to pay, confirm your claim fits small claims, fill out and file the court's claim form and pay a filing fee (or request a fee waiver), have the defendant served, gather your evidence, attend the hearing, and, if you win and are not paid, take further steps to collect. Dollar limits, fees, forms, and deadlines differ by state; the examples below come from California and Maryland court pages.
What the law says
- Step 1, ask for payment: California's court guide says the court wants you to ask the other side for the money before starting a small claims case, in person, by letter, or by email, saying how much is owed and why. You don't need to ask if you have a restraining order against them or asking would be dangerous. California Courts Self-Help Guide, Ask for the money you're owed
- Step 2, check your claim fits: California's guide says to confirm you are asking for money, have a legal reason to be paid, know the defendant's correct name (for a business, its official name), and are within the filing deadline. It lists general deadlines of 4 years for a written agreement, 2 years for a verbal agreement or personal injury, and 3 years for property damage. California Courts Self-Help Guide, Before you start a small claims case
- Example (Maryland): small claims are filed in the District Court for claims of $5,000 or less; the claim cannot seek return of property or performance of a service. The complaint form is DC-CV-001. Maryland Judiciary, Small Claims
- Step 3, file and pay the fee (California example): the filing fee is $30 for claims up to $1,500, $50 for over $1,500 up to $5,000, and $75 for over $5,000 up to $12,500, or $100 if you've filed more than 12 small claims cases in the past 12 months. You can ask the clerk for a fee waiver if you receive public benefits, have low income, or can't afford the fee and meet basic needs. California Courts Self-Help Guide, File your Plaintiff's Claim
- In California you can file in person, by mail (original and 2 copies, the fee, and a self-addressed stamped envelope), or online in some courts; the clerk gives you a case number, a court date, and stamped forms. California Courts Self-Help Guide, File your Plaintiff's Claim
- Step 4, serve the defendant (California example): you can't serve the papers yourself; the server must be 18 or older and not part of the case. For personal service, forms must be delivered at least 15 days before the court date (20 days if the defendant is in a different county), and the Proof of Service (form SC-104) must be filed at least 5 days before the hearing. California Courts Self-Help Guide, Serve your small claims forms
- Example (Maryland): service can be made by certified mail, private process, constable, or sheriff, and the plaintiff files a Proof of Service (DC-CV-002). Federal law requires the plaintiff to provide information on whether a defendant is in the military before a default judgment. Maryland Judiciary, Small Claims
- Step 5, prepare evidence: California's guide says to bring three sets of papers (original, a copy for the judge, a copy for the other side), and that a subpoena is needed only if you can't get information or a witness to come voluntarily. California Courts Self-Help Guide, Go to your court date
- Step 6, the hearing (Maryland example): bring all witnesses, evidence, and exhibits needed to prove your claim. Trial is more informal than a regular trial, but you must still prove the defendant owes the money; it is normally set within 60 days of when the complaint was filed. The District Court also runs a mediation program. Maryland Judiciary, Small Claims
- Step 7, collecting (Maryland example): the court normally will not collect the money for you. You usually have to wait 10 days before taking further action, then can garnish wages or a bank account or seize personal property or real estate. Maryland Judiciary, Collecting on a Judgment
FAQ
Can I appeal if I lose in small claims?
It depends on the state. In California, you can appeal only when you owe money, so usually only the defendant can appeal; the Notice of Appeal (form SC-140) must be filed within 30 days and the fee is $75, with a fee waiver available.
Can I sue someone who lives in another state?
California's guide says suing someone who lives outside California generally has limits and suggests consulting a small claims advisor.
How long will I be in court?
California's guide says to plan for a long day: you may be in court for 4 or more hours.
Who do I name when suing a business?
Maryland's courts say to name the company itself using its full formal name, and for corporations and LLCs to write "Serve on Resident Agent" under the company name rather than listing the agent as the defendant.
What if we settle before the hearing?
California's guide says that if you reach an agreement before court, you can write it up and ask the court to dismiss the case.
How soon can I start collecting if I win?
It depends on the state. California's guide says you must wait 30 days from the date the judgment was handed or mailed to you before you start collecting.
What if I lose and owe money?
California's guide says that if you were ordered to pay and don't appeal, you should pay the other side promptly.
Related
- Do I Need a Lawyer for Small Claims Court?
- How to Sue Someone: The Basic Steps
- Suing for Emotional Distress: What You Need to Know
- Small Claims Court by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.