Total amount you are seeking to recover
Estimated Total Cost to File
Small Claims Court Overview
Small claims court is designed for individuals and businesses to resolve disputes quickly and affordably without hiring an attorney. Most cases are heard within 30-70 days of filing. Attorneys are generally not allowed to represent parties in small claims court (varies by state).
Step 1: Determine Eligibility
Check that your claim is within the dollar limit for your state. Most states have limits between $5,000 and $25,000. The claim must be for money damages only (not injunctions or specific performance). You must have first attempted to resolve the dispute directly with the other party.
Step 2: File Your Claim
Go to the small claims court in the county where the defendant lives or where the dispute occurred. Fill out the claim form (usually 1-2 pages), pay the filing fee, and get a hearing date. Most courts now offer online filing as well.
Step 3: Serve the Defendant
You must formally notify the defendant by having someone 18+ (not you) deliver the papers, or by hiring a process server or using the sheriff's office. Service must be completed well before the hearing date (typically 15-30 days).
Step 4: Attend the Hearing
Bring all evidence: contracts, photos, receipts, text messages, emails, and witness statements. The judge will hear both sides (usually 15-30 minutes each) and may issue a decision the same day or within a few weeks by mail.
Do I need a lawyer for small claims court?
In most states (including California), attorneys are not allowed to represent parties in small claims court. You represent yourself. Some states like New York allow attorneys but do not require them. The process is designed to be accessible without legal representation.
What if my claim exceeds the small claims limit?
You have two options: (1) reduce your claim to the maximum allowed amount and waive the excess, or (2) file in a higher court (civil/district court) which allows larger claims but requires more formal procedures and typically benefits from attorney representation.
Can I recover my filing fees if I win?
Yes, in most states the judge can order the losing party to reimburse your filing fees and service costs. This is commonly awarded when the plaintiff wins. However, collecting a judgment is a separate process -- winning does not guarantee payment.
How long does the process take?
From filing to hearing is typically 30-70 days depending on the court's calendar. California aims for 20-70 days. The hearing itself usually lasts 15-30 minutes. Judgment may be issued same-day or mailed within 2-4 weeks. Collection, if needed, can take additional months.