How to File Small Claims: Step by Step, Online or In Person

To file small claims, fill out a short claim form and file it with the right court. Pay the filing fee. Then have the papers served on the person you're suing. Fees run from $15 in New York City to $287 or more in Cook County, Illinois. Many states let you file online. Most hearings happen 30 to 70 days after you file. And you don't need a lawyer.

That's the whole shape of it. The rest of this guide fills in the details. The exact steps. The real costs. Which states have online filing. And the mistakes that get cases thrown out.

What counts as a small claim?

Almost any money dispute under your state's dollar limit. The classics:

• A landlord keeping your security deposit
• A contractor who took the money and vanished
• A client who won't pay your invoice
• A mechanic who wrecked your car instead of fixing it
• A friend who "forgot" about that $1,000 loan
• A store or seller that won't refund a broken product

If someone owes you money and won't pay, small claims court was built for you. No suits, no jury, no legal fees eating the whole claim.

How to file small claims, step by step

Courts differ on small details. But the path is the same almost everywhere. Here it is.

Step 1: Send a demand letter first

Don't skip this. A demand letter is a written ask for the money you're owed, with a deadline. Some courts want proof that you asked for the money before you filed. And even where it's optional, it works. About 70% of disputes get settled at this stage. No court date at all.

Give them 10 to 14 days to reply. Send it in a way you can prove, like certified mail. If they pay, you're done. If they ignore it, that letter becomes Exhibit A at your hearing. It shows the judge you were fair and they blew you off.

Here's how to write a demand letter that gets taken seriously.

Step 2: Find the right court

This trips up more people than any other step. You usually can't just file where you live. Most states make you file where the defendant lives, or where the dispute happened. File in the wrong place and your case gets tossed or moved. Then you start over.

Search for "[defendant's county] small claims court." Look for the court's own website. It usually ends in .gov. Big counties can have a dozen courthouses. Match the address to the right one. When in doubt, call the clerk. Clerks can't give legal advice, but they answer this question all day.

Step 3: Get the defendant's legal name right

Say the sign reads "Joe's Auto Shop." But the legal entity is "JMR Automotive LLC." Sue the wrong name and you can win a judgment you can't collect. The name on your case has to match a real person or a real registered business.

For a business, search "[your state] secretary of state business search." Pull the exact name. Note the registered agent too. That's who gets served. Our guide on how to sue a corporation walks through it.

Step 4: Fill out the claim form

Every small claims court has a short claim form. California calls it the SC-100. Florida calls it a Statement of Claim. Texas calls it a Small Claims Petition. Different names, same job. The form asks for:

• Your full legal name and address (you're the plaintiff)
• The defendant's full legal name and address
• The exact dollar amount you want
• A short, plain note on what happened

Keep it boring. Dates, amounts, what was promised, what actually happened. "On March 3, I paid $1,800 for a fence. He never built it and stopped answering on March 20." Save the anger for your group chat.

Step 5: File it and pay the fee

You can file three ways, based on your court:

1. Online, through your state or county e-filing portal. The state table is below
2. In person, at the clerk's window. Bring extra copies. Many courts want three or four
3. By mail, where the court allows it. Call first

You pay the filing fee when you file. Portals take cards or e-checks. Most clerk windows take cards too. Can't afford the fee? Every state has a fee waiver. In California it's form FW-001. In Texas it's the Statement of Inability to Afford Payment. Ask your clerk for yours. Courts grant these all the time.

Step 6: Serve the papers

Filing doesn't tell the defendant anything. Service does. It has its own strict rules. In most states you can't hand over the papers yourself. Common options:

• Certified mail through the clerk. Cheapest where offered. Sometimes it's just postage. Some courts, like New York City, include service in the filing fee
• Sheriff or constable. Usually $40 to $100
• Private process server. Usually $50 to $150, but fast and persistent

After service, proof of it gets filed with the court. Your case can't move until that happens. Full details here: how to serve someone court papers.

Step 7: Prepare and show up

Between filing and your hearing, build your case file. Put your evidence in date order. Print your screenshots. Make three copies of everything. Practice telling the story in under three minutes, amount first.

Then show up. If you don't, your case gets dismissed. If they don't, you can ask for a default judgment. We wrote a full playbook on how to prepare for small claims court, down to what to say in your first 40 seconds.

How much does it cost to file small claims?

Less than people think. Here are real filing fees from courts around the country:

Add service where it's separate. Even then, most people are all-in for under $200. A few pricey courts push past $300.

And here's the part that changes the math. If you win, you can ask the judge to add your filing and service costs to the judgment. The defendant pays you back. Your costs were a loan, not a loss. You just have to ask at the hearing.

We keep a full breakdown in how much it costs to sue someone and a state list of small claims filing fees.

Can you file small claims online?

In many states, yes. But here's the catch nobody tells you. Online filing depends on your county and courthouse, not just your state. A state can have an e-filing system while half its courthouses skip it for small claims.

The National Center for State Courts checked in December 2024. It found 36 states, territories, and D.C. with statewide e-filing for their main trial courts. Small claims coverage is spottier. These cases run through local courts.

Here's the current landscape:

No online option at your court? You can usually still download the forms and fill them out at home. Then file by mail or at the clerk's window. Ask the clerk which they accept.

We also have step-by-step filing guides for California, Texas, Florida, New York, and Illinois.

How much can you sue for in small claims?

Every state caps small claims at a dollar limit. Most fall between $5,000 and $15,000. A few sit as low as $2,500. Tennessee goes up to $25,000. Check your number in our list of small claims court limits by state.

Owed more than your state's limit? You can often waive the extra and still use small claims. Giving up $500 on paper beats months of regular civil court. Lots of people take that trade. And if the amount is small, run the numbers first: is it worth suing for $500? Usually, yes.

How long does small claims court take?

It's faster than any other kind of court. Here's the typical arc:

California's own self-help guide says a court date comes one to two months after filing. Maryland sets trial within about 60 days. Some courts run faster, some slower. Many now offer video hearings, so ask your clerk.

Do you need a lawyer for small claims?

No. Small claims court exists so regular people can settle money disputes without paying $300 an hour. Forms are short. The rules are relaxed. Judges see people without lawyers every single day. Some states, like California, don't even allow lawyers to argue small claims cases.

The judge won't want legal jargon. They want a clear story, real numbers, and proof. That's it.

What if the defendant ignores the case?

If they were served and skip the hearing, you can ask for a default judgment. You win because they didn't show. You'll still need to prove what you're owed, so bring your evidence anyway.

A judgment is a court order saying they owe you. It is not a check. If they still won't pay, courts give you tools. Wage garnishment. Bank levies. Property liens. It depends on your state. Here's how collecting a small claims judgment actually works.

Got served yourself? Different playbook: what to do if someone sues you.

Mistakes that sink small claims cases

• Wrong defendant name. Sue the registered business, not the sign on the building
• Wrong county. File where the defendant lives or where the dispute happened
• Skipping the demand letter. It settles most disputes. And it looks great to the judge when it doesn't
• Botched service. The case can't move until proof of service is filed. Don't serve the papers yourself
• Fuzzy numbers. "He owes me around $2,000" loses. "$1,847, and here's the invoice" wins
• Forgetting to ask for costs. Ask the judge to add your filing and service fees to the judgment

One more. If your dispute is about behavior instead of money, like harassment or stolen content, a cease and desist letter is the better first move.

You probably won't even need the courtroom

Here's the secret buried in all of this. Most disputes end before anyone stands in front of a judge. A serious demand letter with a deadline gets about 70% of people paid. Court is the backup plan, not the plan.

PettyLawsuit sends your demand letter instantly and tracks it by certified mail. If they stall, we follow up with phone calls and a Final Notice. We've helped with over 5,000 cases. And if they still won't pay, the court filing steps above are waiting.

Don't let it slide.

Frequently asked questions

How do I file a small claims case?

Fill out your court's claim form with the defendant's legal name and the exact amount owed. File it in the right county and pay the fee. Then have the defendant served. The court sets a hearing date, usually 30 to 70 days out.

Can you file small claims online?

In many states, yes. Texas, Illinois, Indiana, Connecticut, Oregon, Colorado, Iowa, Maryland, and West Virginia have statewide e-filing. California, Florida, New York, and Arizona offer it in many counties. Your own courthouse decides, so check with the clerk.

How much does it cost to file small claims?

Filing fees range from $15 in New York City to $287 or more in Cook County, Illinois. Most courts charge under $100. Add $40 to $150 for service where it's separate. If you win, you can ask the judge to make the defendant repay these costs.

Do I need a lawyer for small claims court?

No. Small claims court is designed for people who represent themselves. Some states don't allow lawyers in small claims at all. Judges want a clear story, exact numbers, and neat proof. Not legal jargon.

How long does small claims court take?

Most courts set the hearing 30 to 70 days after filing. California's self-help guide says one to two months is typical. Maryland sets trial within about 60 days. Decisions often come the same day.

What happens if the defendant ignores the lawsuit?

If they were served the right way and don't show up, the judge can rule in your favor by default. If they still refuse to pay, you can use collection tools like wage garnishment or bank levies.

Can I file small claims against someone in another state?

In most cases you file where the defendant lives or where the dispute happened. Not where you live. That can mean filing in their state. Check the rules with the clerk in that county before you file.

What should I do before filing small claims?

Send a demand letter with a clear deadline. Some courts require proof you asked for payment first. About 70% of disputes get settled at this stage. Keep a copy and the delivery receipt as evidence.

Sources

• National Center for State Courts, "FAQ: Which general jurisdiction trial courts have statewide e-filing portals?" (December 2024): ncsc.org
• Texas State Law Library, "Can I file my small claims case online?": sll.texas.gov
• Arizona Supreme Court, "Justice Court and Municipal Court eFiling Availability": azcourts.gov
• California Courts Self-Help, "Small claims in California": selfhelp.courts.ca.gov
• Maryland Courts, "Small Claims": mdcourts.gov
• Oregon Judicial Department, "OJD Guide and File": courts.oregon.gov
• Connecticut Judicial Branch, "E-Services": jud.ct.gov
• USA.gov court resources: usa.gov/courts

Disclaimer: This article is for informational purposes only and does not constitute legal advice. PettyLawsuit is a self-help legal technology platform, not a law firm. Court rules, fees, filing availability, and procedures change. Always confirm current requirements with the official court where you plan to file. If you need legal advice, consult a licensed attorney in your jurisdiction.

Last updated: September 2026