Small Claims Court
How to sue for money (security deposits, unpaid loans) without an attorney.
Small claims court is the 'People's Court,' designed for resolving disputes involving small amounts of money efficiently and inexpensively. Procedures are simplified, and lawyers are often not required—or in some states like California and Michigan, explicitly banned.
⚠️ Important Considerations
- Check your state's dollar limit (usually between $2,500 and $10,000).
- Winning the case does not guarantee you will get paid; you still have to collect the judgment yourself.
- You generally cannot sue for 'pain and suffering' alone in small claims.
Step-by-Step Guide
1. Send a Demand Letter
Before suing, you must try to settle. Write a formal letter via certified mail stating exactly what is owed, why, and giving a deadline (e.g., 14 days) to pay. Keep a copy. This proves to the judge you tried to resolve it.
2. Determine Where to File
You typically file in the county where the defendant lives, or where the incident (like a car accident or contract breach) happened.
3. File the Plaintiff's Claim
Go to the court clerk. Fill out the form naming the defendant. Ensure you have the correct legal name of the person or business you are suing. Pay the filing fee (usually $30-$100).
4. Serve the Defendant
You cannot hand the papers to the defendant yourself. Use Certified Mail through the clerk, a Sheriff, a Professional Process Server, or a friend over 18 who is not involved in the case.
5. Prepare Your Case
Gather evidence: contracts, receipts, photos, text messages. Organize them clearly. Prepare a brief summary of events to tell the judge.
6. Attend the Hearing
Bring 3 copies of all evidence (one for you, one for the judge, one for the defendant). Be brief, polite, and stick to the facts. Do not interrupt the other side.
7. Collect the Judgment
Winning is the easy part; collecting is hard. If the defendant refuses to pay, you may need to apply for a wage garnishment or bank levy through the court.