Guide to Small Claims Court

Find the small claims steps and procedures for your state

Each state has different deadlines and procedures for seeking payment through small claims court.

I recommend: Click your state at the ConsumerAffairs.com small claims state-by-state guide. You'll find information on dollar limits, where to file, deadlines, appeals and more.

Get small claims guidance online

Most states offer their own guides to small claims courts providing information about their individual rules and requirements.

I recommend: A good place to start is the Small Claims Guide at ConsumerAffairs.com.

Take the right steps

Your claim must generally be filed in the county in which the party being sued resides or does business, or in the district where a contract was signed or other business was conducted. Your county clerk's office will provide you with a "plaintiff's statement" to file your claim, usually charging a small fee of $10 to $50. You are also responsible for notifying the party you're suing about the lawsuit. The county court will usually notify the defendant for you via certified or registered mail, or you can hire a process server.

I recommend: Many state bar associations provide a guidebook to take you step-by-step through the small claims court process. You can find a list of state bar associations at FindLaw.com.

Prepare your case

Be as prepared as you can. Gather all relevant documents that back up your case. Be organized and have your answers ready for the judge. If you have witnesses to your claim, ask them to appear in court on your behalf. Make sure you get to court on time and try to relax as much as possible.

I recommend: For advice on preparing your case, see "Everybody's Guide to Small Claims Court" from Nolo Press or Small Claims Court Basics at AllBusiness.com.

If you win

If the case is decided in your favor, the court will issue a judgment for a specific sum of money. Unfortunately, winning a judgment does not guarantee you will collect. In many states, the judge has the power to order the defendant to pay you in installments if it is clear the defendant cannot afford to pay the full amount in a lump sum. If the individual refuses to pay, you can apply to the court clerk's office for an execution to be issued against the defendant's wages, property or bank account.

I recommend: The State of New York's Web site provides a thorough guide on what to expect from small claims court and how to collect if you do win a judgment. Other states' guides listed on the National Center for State Court's Web site provide additional advice.