Small claims court lets you sue for a modest amount of money without hiring a lawyer, using simple forms and a short hearing in front of a judge. The process is built for ordinary people, but it still has steps you cannot skip, from asking for payment first to serving the papers correctly.
This guide walks through filing a claim in order, using the rules published by courts in California, New York City, Massachusetts, Texas and Washington. It covers the costs, who may speak for you, what happens at the hearing, and how to collect once you win.
How Small Claims Court Works
Every state runs its own small claims court and sets its own cap on what you can claim. Texas allows up to $20,000 in its justice courts, California $12,500 for individuals, Washington and New York City $10,000, and Massachusetts $7,000, except for car accident property damage.
Businesses often get less. California caps business claims at $6,250 and Washington at $5,000 for anyone who is not an individual, while New York City does not let corporations sue in small claims at all; they use a separate commercial claims part instead.
Heavy users face limits too. In California, no one may file more than two claims over $2,500 anywhere in the state in a calendar year, and anyone claiming more than $2,500 must sign a declaration under penalty of perjury saying so.
You cannot use small claims to sue the federal government. A claim for harm caused by a federal employee goes to the agency in writing within two years, and only a federal district court can hear the lawsuit if the agency denies it or has not decided within six months; after a denial you have six months to sue.
How to File Small Claims in Seven Steps
The steps below follow the order the courts themselves lay out:
- Check that your case fits. Confirm the amount is under your state's cap and that the deadline has not passed. California's courts quote four years for a written agreement, two for an oral one, two for personal injury and three for property damage.
- Ask for the money first. California treats this as a required step, by letter, email or in person, and supplies sample letters for bounced checks. A clear demand letter that follows basic email etiquette also leaves a written record that you asked.
- Name the defendant exactly. Massachusetts tells filers to sue a trade name as, for example, "Robert Jones d/b/a Acme Building," and to look up a corporation's legal name with the Secretary of State. If you bought from an online store, find the company behind the brand; our look at whether dropshipping is legal explains how these stores are usually set up.
- Pick the right court. Texas lets you file where the defendant lives or where the incident happened.
- File and pay the fee. The clerk stamps your forms, keeps the original and gives you a case number and a court date.
- Serve the defendant. In California you cannot serve the papers yourself, and the server must be at least 18 and not part of the case. In New York City the clerk mails the notice for you.
- Prepare your evidence. Gather the agreement, photos, receipts, invoices and repair estimates, and make copies for the judge and the other side.
Service has firm deadlines. California requires service at least 15 days before the hearing, or 20 days if the defendant lives in another county, and the proof of service form must be filed at least five days before the hearing. In New York City, a claim not served within four months is dismissed.
Small Claims Court Filing Fees in Three Places
Filing costs depend on the amount you claim:
| Where | Filing fee | Notes |
|---|---|---|
| California | $30 up to $1,500; $50 up to $5,000 ($6,250 for cases filed from January 1, 2027); $75 above that up to $12,500 | $100 if you filed more than 12 claims in the past 12 months; fee waivers available |
| New York City | $15 up to $1,000; $20 up to $10,000 | Cash, certified check, money order or bank check only |
| Massachusetts | $40 up to $500; $50 up to $2,000; $100 up to $5,000; $150 up to $7,000 | $150 for car accident claims above $7,000; $7 eFiling fee |
Other costs can add up. Some California courts charge $15 to send the papers by certified mail. After you win, collection can cost more: in New York City, a marshal may want up to $50 in advance to garnish wages, and towing and storing a debtor's car can run $150 or more.
Lawyers, Advisors and Who Speaks for a Business
California is the strictest state on lawyers. Its Code of Civil Procedure says no attorney may take part in the conduct or defense of a small claims action, unless the attorney is suing or being sued personally or through a firm made up only of attorneys.
Lawyers still have a role there. They can advise you before or after you file, testify about facts they know, and represent you on appeal or when enforcing the judgment. California also requires each county to offer a free small claims advisory service.
Washington is close behind. Under RCW 12.40.080, no attorney, legal paraprofessional or anyone other than the parties may appear without the judge's consent, and a corporation may not be represented by an attorney. Texas and Illinois are more relaxed and allow parties to hire a lawyer.
For a business, the rules on who appears are specific. In California, a corporation must send a regular employee, officer or director, not someone hired only to argue the small claims case.
What Happens at the Small Claims Hearing
Plan for a long day and a short hearing. California's courts warn that you may be in court for four hours or more, and you should bring three sets of papers. An interpreter can be requested in advance.
The format differs by place:
- Washington: each side may bring witnesses, and the judge may consult witnesses informally or look into the dispute directly.
- New York City: you can choose a judge or an arbitrator. An arbitrator usually hears the case sooner, but that decision cannot be appealed.
- Massachusetts: many courts offer mediation on the trial date, and a magistrate decides the case if it does not settle.
In Massachusetts, the person bringing the claim has to prove two things: that the law recognizes the claim, and that the defendant is responsible for it.
After the Judgment: Payment, Collection and Appeals
If you win, the court does not collect the money for you. California's process gives a clear picture of what comes next:
- Wait at least 30 days after the Notice of Entry of Judgment.
- The losing side should send a form listing assets, employer and bank.
- You can request a debtor's examination to ask about income and property.
- If the debtor proposes a payment plan, you have 10 days to respond.
- Once paid, you file a form telling the court the judgment is satisfied.
Other states add their own tools. Washington allows garnishment if the judgment is unpaid 30 days after entry. In New York City cases, the DMV can suspend a debtor's driver's license and registration in some vehicle cases when a judgment over $1,000 goes unpaid for more than 15 days. In Massachusetts, you must tell the court in writing within 10 days once you have been paid in full.
A judgment stays enforceable for years, so a debtor with no money today may be worth pursuing later. California judgments can be enforced for 10 years and earn 10% interest a year. Judgments entered since January 1, 2023 for medical debt under $200,000 or personal debt under $50,000 earn 5% instead and can be renewed only once, for five years; other judgments can be renewed for 10 years at a time. Texas judgments are generally valid for 10 years and can be renewed, and a dormant one can usually be revived within two years.
Appeals work differently from regular court. In California, only a defendant who came to the hearing can appeal a loss on the main claim, within 30 days of the Notice of Entry of Judgment, and the appeal is a new trial. The Texas State Law Library's guide to appealing a small claims case explains its 21-day deadline, the appeal bond and the new trial in county court. Washington bars appeals on claims under $250.
Frequently Asked Questions
How long does a small claims case take?
In California, the hearing is set 20 to 70 days after filing, and the courts tell filers to expect a date in about one to two months. Collecting the money can take longer.
Can I sue a government agency in small claims court?
In many states, including California, you can sue a state or local agency after first filing a written claim with it, though some states, such as Massachusetts, send certain claims against public bodies to a higher court. In California that claim is usually due within six months. The federal government cannot be sued in small claims.
Can a company sue me in small claims court?
Yes, though some places limit business plaintiffs. California caps business claims at $6,250, and New York City sends corporations to a separate commercial claims part.
What if I cannot afford the filing fee?
Ask for a fee waiver. California grants them to people on public benefits, people with low income, and people who cannot cover basic needs and pay the fee.
