How do I file a small claims case?

Small claims court is a simplified, lower-cost division of the civil court system designed to resolve disputes involving smaller dollar amounts without the need for attorneys. It is an accessible option for recovering money owed, disputing security deposit withholdings, resolving minor property damage claims, and more. ^[1][2] What can be filed in small claims court Small claims court handles civil money disputes. Common cases include: - Unpaid loans or debts between individuals - Security deposit disputes with landlords - Minor property damage - Breach of a small service contract - Defective goods or services - Wage disputes (in some states) **Dollar limits (vary by state) ^[1] Each state sets its own maximum claim amount: - California** — $12,500 for individuals; $6,250 for businesses ^[2] - Texas — $20,000 - Florida — $8,000 - New York — $10,000 (NYC Civil Court), $5,000 (outside NYC) If your claim exceeds the limit, you must file in regular civil court or reduce your claim to the maximum. **Step-by-step process ^[1][2] Step 1 — Demand payment first Before filing, send the person/business a written demand letter asking for payment by a specific date. Courts look favorably on parties who attempted to resolve the dispute first, and some states require it. Step 2 — Determine the correct court File in the small claims division of the court in the county where: - The defendant lives or does business, OR - The contract was to be performed, OR - The injury or damage occurred Step 3 — Complete and file the forms Obtain the small claims complaint form from the court's website or clerk's office. You will need: - The defendant's full legal name and address - A description of your claim and the amount owed - Supporting documentation (contracts, receipts, photos, communications) Step 4 — Pay the filing fee Filing fees are typically $30–$100 depending on the court and claim amount. Step 5 — Serve the defendant The defendant must be officially notified of the lawsuit. Most courts handle service by certified mail; some require you to arrange a process server or sheriff. Step 6 — Prepare for the hearing Gather all evidence: photos, contracts, receipts, text messages, emails, and any witnesses. Organize your presentation clearly. Small claims hearings are informal but judges are strict about time. Step 7 — Attend the hearing Present your case concisely. The judge will hear both sides and often issues a ruling immediately or within days. Step 8 — Collect your judgment** Winning a judgment does not automatically get you paid. If the defendant doesn't pay voluntarily, you may need to: - Garnish wages - Place a lien on property - Seize bank accounts *Most states allow you to represent yourself in small claims court without an attorney. Check your state court's website for specific forms and rules.*