Small claims court lets individuals and businesses resolve disputes under a dollar ceiling — typically $5,000 to $10,000 — without a lawyer, using streamlined rules and a single hearing. Most cases settle or get decided within 30 to 70 days of filing. The exact limit, filing fee, and service rules depend entirely on which state you are in.
What is small claims court and who can use it
Small claims court is a division of the civil court system designed for low-value disputes that do not need full trial procedure. Depending on the state, the court goes by different names — Justice Court in Texas, General Sessions Court in Tennessee, Magistrate Court in Georgia — but the process is similar everywhere.
Any person 18 or older can file. Many states allow sole proprietorships and LLCs to file, though some jurisdictions bar corporations from using small claims court or require them to appear through an attorney even when they can file. Minors must have a parent or guardian file on their behalf.
You cannot use small claims court to seek divorce, custody orders, injunctions, or criminal charges. The court awards money only.
Dollar ceilings by state (2026)
State legislatures set the maximum claim amount, and the numbers vary widely:
- California: $12,500 for individuals; $6,250 for businesses (Cal. Code Civ. Proc. §116.221)
- Texas: $20,000 (Tex. Gov't Code §27.031)
- New York: $10,000 in New York City Civil Court; $5,000 in upstate Town and Village Justice Courts (NY UJCA §1801)
- Florida: $8,000 (Fla. Stat. §34.01(1)(c))
- Illinois: $10,000 (Ill. Sup. Ct. Rule 281)
- Georgia: $15,000 in Magistrate Court (O.C.G.A. §15-10-2)
- Washington: $10,000 for individuals; $5,000 for businesses (RCW 12.40.010)
- Massachusetts: $7,000 (M.G.L. c. 218 §21)
If your claim exceeds the ceiling, you have two choices: sue for only the ceiling amount and waive the rest, or file in a higher civil court where attorney fees become relevant. Many plaintiffs waive the excess for claims just over the limit.
Before you file: the demand letter
Courts expect you to have asked the defendant for payment before filing. Send a free US demand letter template by certified mail at least 14 to 30 days before the hearing date, depending on the state. The letter should state the specific amount owed, the reason, and a firm deadline for payment.
A documented demand letter does two things: it often produces settlement without litigation, and it demonstrates good faith to the judge if the matter does go to hearing. Keep the signed postal receipt.
How to file: step by step
Step 1 — Identify the correct court. File in the county or district where the defendant lives, works, or where the dispute arose. Filing in the wrong venue is grounds for dismissal under most state procedural rules.
Step 2 — Get the forms. Every state court website publishes its own plaintiff's claim form. California uses SC-100; New York uses Form CIV-SC-50 (Statement of Claim); Texas uses the Statement of Claim form specific to each Justice Court county. Download or pick up the form at the clerk's office.
Step 3 — Fill in the claim accurately. Identify the defendant's full legal name and current address. An LLC defendant must be sued under its registered legal name, which you can find on the Secretary of State's website. Getting the name wrong delays or kills your case.
Step 4 — Pay the filing fee. Filing fees run from $30 to $100 depending on state and claim amount. California charges $30 to $75 based on the dollar amount claimed. New York charges $10 to $20 in Justice Court.
Step 5 — Serve the defendant. Most states allow certified mail service by the court clerk or by a process server. California allows the plaintiff to arrange certified mail personally. Texas requires constable or process server service for claims over $200. Keep the service receipt — courts require proof of proper service before the hearing.
What to bring to the hearing
Arrive at least 15 minutes early. Small claims judges move through a calendar of 20 to 40 cases in a morning session. Bring every document in organized paper form, not just on your phone:
- The original contract, invoice, or receipt
- Photographs of damaged property with date metadata
- Text messages or emails printed in full (not screenshot summaries)
- Proof of your demand letter and certified mail receipt
- A one-page written summary of the facts and the exact dollar figure you are claiming, including how you calculated it
Judges appreciate plaintiffs who can state the case in under three minutes. Practice saying: who owes what, why, and how much, without narrative detours.
Service requirements and common mistakes
Improper service is the single most common reason small claims hearings get postponed or dismissed. Each state has precise rules about who can serve the papers and how many days before the hearing service must be completed.
In California, service must be complete at least 15 days before the hearing if the defendant is in-county, or 20 days if out-of-county (Cal. Code Civ. Proc. §116.340). The person who performs service cannot be the plaintiff.
In New York, service by first-class and certified mail is acceptable in NYC Small Claims Court (New York City Civil Court Act §1803), but the plaintiff must mail the papers, not a party with a direct interest.
If service is defective, the defendant can appear and object, and the judge will almost always adjourn the case for re-service.
After the judgment: enforcement
Winning a judgment is not the same as getting paid. A judgment is a court order, but the plaintiff must still collect. States do not automatically garnish wages or bank accounts on your behalf.
To enforce a judgment, you typically have these options under state law:
- Wage garnishment: most states allow garnishment of up to 25% of disposable earnings under 15 U.S.C. §1673 (federal Consumer Credit Protection Act ceiling), with some states setting lower limits (Texas and Pennsylvania prohibit most private wage garnishment entirely)
- Bank levy: you file a writ of execution with the court clerk, identify the defendant's bank, and the sheriff or marshal serves a levy
- Abstract of judgment: recording the judgment as a lien against real property the defendant owns in that county
Judgments are typically good for 5 to 10 years and can be renewed. In California, a judgment is valid for 10 years and renewable for another 10 under Cal. Code Civ. Proc. §683.020.
Counterclaims and the defendant's options
A defendant served with a small claims complaint can file a counterclaim. In many states, the counterclaim must be filed several days before the hearing. If the counterclaim exceeds the court's ceiling, the case may be transferred to a regular civil division.
Defendants who believe the claim is baseless can appear and defend. Courts do not hold the absence of a lawyer against either side — judges routinely ask clarifying questions of both parties and base decisions on documentary evidence rather than advocacy skill.
Which disputes work best in small claims court
Not every dispute belongs here. Small claims court works well for:
- Unpaid invoices from freelance work or services rendered
- Security deposit disputes between landlord and tenant
- Property damage from a car accident where liability is clear but the insurer underpays
- Goods not delivered or delivered defective after online purchase
- Personal loans between individuals where there is written evidence
Cases that typically do not belong in small claims court: complex contract disputes requiring expert witnesses, claims against out-of-state defendants who are hard to serve, or situations where the defendant has no assets to collect from even if you win.
Filing costs and realistic timeline
| Step | Typical timeframe | |---|---| | Send demand letter | 2–4 weeks before filing | | File claim | Day 1 | | Court schedules hearing | 14–60 days after filing | | Hearing | Same day as scheduled | | Judgment issued | Same day (most states) | | Appeal window (for defendant) | 30 days after judgment | | Enforcement begins | After appeal window closes |
Total out-of-pocket for the plaintiff: $30 to $100 in filing fees, $50 to $75 for process server fees if the court clerk does not handle service, and time preparing documents. Attorney fees do not apply — that is the point.
Using forms-legal.com for your case documents
Before filing, forms-legal.com offers free downloadable US legal templates including demand letters, payment plan agreements, and promissory notes. Sending a well-drafted demand before court filing closes roughly 40% of disputes without the hearing ever happening, based on typical court intake data from California's Judicial Council.
Getting the paperwork right at the start — from the demand letter through to the claim form — avoids the most common procedural errors that send plaintiffs back to the clerk's office for a second try.
Need the document itself? Download the free template →
This article is general information, not legal advice — see our accuracy & editorial policy. Confirm the cited law is current before relying on it.