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Suing in Small Claims Court

Educational Information Only. Not Legal Advice.
The content on this page is for informational purposes and does not constitute legal advice. Laws can vary by jurisdiction and change over time. For advice on a specific situation, please consult a qualified attorney.

Step 1: The Demand Letter

Judges want to see that you tried to settle before suing. Send a formal letter via certified mail explaining:

  • What happened.
  • How much they owe you.
  • A deadline to pay (e.g., 14 days) before you file suit.

Step 2: File the Claim

Go to the court clerk in the correct county (usually where the defendant lives or where the incident happened). Fill out the “Plaintiff’s Claim” form.

Dollar Limits: Every state has a maximum amount you can sue for (e.g., $5,000 to $10,000). If your claim is higher, you must waive the rest or go to civil court.

Step 3: Service of Process

You cannot hand the papers to the defendant yourself. You must use:

  • Court Clerk (Certified Mail) – Simplest option.
  • Sheriff.
  • Professional Process Server.
  • A friend over 18 who is not involved in the case.

Step 4: The Hearing

Bring 3 copies of all evidence (receipts, photos, texts): 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.

Step 5: Collecting the Judgment

Winning is the easy part; collecting is hard. The court does not collect the money for you. If the defendant refuses to pay, you may need to apply for a wage garnishment or bank levy.