How to Sue a Company in Small Claims Court (2026 Guide)

You can sue a company in small claims court. Even a big one. The process is simpler than most people think. Find the company's registered agent. Name the business correctly on the form. File at your local courthouse. Show up with your evidence. Most states let you sue for up to $10,000 or more. And in most cases, you won't even need to go to court. A demand letter alone settles about 70% of disputes.

What Is Small Claims Court?

Small claims court is a division of civil court. It handles money disputes. There are no complex rules. Lawyers are often not allowed. Just you, the other side, and a judge.

You can sue any type of business in small claims. LLCs, corporations, and sole proprietors all go through small claims every day. The way you name them and serve them varies a little. But the core steps are the same.

Every state sets a cap on how much you can claim. Most caps are between $5,000 and $10,000. Some states go higher. California allows up to $12,500. Tennessee and Kentucky go even further. Texas caps it at $20,000.

If your loss falls within the state cap, small claims is your best option. If it's over the cap, you can sue in a higher court. Or you can cap your claim at the small claims limit and give up the rest.

Step 1: Confirm You Have a Valid Claim

Ask yourself three questions before you file.

Did the company owe you something and fail to deliver? That could be a refund, a service they promised, a repair, or money they took without doing the work.

Can you put a dollar amount on it? Small claims is about money. If you want a company to change how it acts, that's a different type of case.

Is the amount within your state's cap? Check this before you file. You can find your state's limit on your courthouse's website or in our small claims filing guide.

Three yes answers means you have a case worth filing.

Step 2: Try a Demand Letter First

Most company disputes never reach a courtroom. A demand letter often does the job on its own.

A demand letter is a written notice. It tells the company what they owe you. It tells them why. It gives a deadline to pay, usually 14 to 30 days. And it says you'll file in court if they don't respond.

Companies take these seriously. A letter sent by certified mail with a court filing threat gets attention fast.

About 70% of disputes settle after a demand letter goes out. You may never see the inside of a courthouse. If you want to send one now, PettyLawsuit handles the whole process, including certified mail tracking, starting at $29.

If the company ignores your letter, then you file.

This is where most people mess up. And it can sink your case if you get it wrong.

You can't write "Joe's Gym" on your claim form and be done. You need the company's exact legal name. The name they used when they signed up with the state. Something like "Joe's Gym LLC" or "Fitness Holdings Corp." Wrong name means the court may reject your filing. Or the judgment could be void.

Go to your state's Secretary of State website. Every state has a free business search tool. Type in the name you know. It shows you the real registered name. Takes about two minutes.

You can also use OpenCorporates.com. It pulls from all 50 states and is free to search.

What Is a Registered Agent?

A registered agent is a person or company that gets legal papers on behalf of a business. When you sue a company, you serve those papers to the registered agent. Not just any office address.

The registered agent's name and address are on file with the Secretary of State. Find it the same way you found the legal name.

Large companies often use services like CT Corporation or Registered Agents Inc. If that's what you find, send papers to that address. They pass them to the company's legal team.

LLC vs Corporation: Does It Matter?

Both can be sued in small claims. The steps are nearly the same. But here's what to know about each one.

Suing an LLC

An LLC is its own legal entity. That means you sue the LLC. Not the person who owns it. If "Dave's Moving LLC" damaged your stuff, you sue the LLC. Not Dave.

There is one exception. If the owner used the LLC to commit fraud, or mixed personal and business money, you might be able to go after the owner personally. This is rare in small claims. Most of the time, just sue the LLC.

Suing a Corporation

Same rules. The corporation is a separate legal person. You name the corporation. Not the CEO or manager. Unless that person wronged you directly, outside their role at the company.

Suing a Sole Proprietor or DBA

If someone operates with no LLC or corporation behind them, you can sue them personally. A contractor named Mike who operates as "Mike's Handyman Services" can be named directly. Use both on the form: "Mike Johnson, doing business as Mike's Handyman Services."

State Limits for Suing a Company

Here are the small claims caps for individuals by state. Some states give businesses filing as plaintiffs a lower limit. Check your state's rules before you file.

Step 4: File Your Claim

Go to your local courthouse. Find the clerk's office. Ask for the plaintiff's claim form. In California it's called SC-100. Other states use different names. The clerk will point you to the right one.

Fill it out with:

Pay the filing fee. These range from $15 in some states to about $75 in others. Can't afford it? Ask about a fee waiver. Many courts offer them.

The court gives you a hearing date. Usually 30 to 70 days out. Then you serve the company.

Step 5: Serve the Company

Serving the company means giving them the court papers in a legal way. The company must be on notice about the lawsuit before you can hold them to a judgment.

For an LLC or corporation, you serve the registered agent. Here are the main ways to do it:

Keep proof that the company was served. File that proof with the court before your hearing. Without it, your case can be delayed or tossed.

Step 6: Gather Your Evidence

Small claims court is informal. But evidence wins cases. The judge needs to see why you deserve what you're asking for.

Bring everything you have:

Print everything. Bring copies for the judge and for yourself. Courts don't have printers available at hearings.

Common Cases Against Companies in Small Claims

Here are the most common business types people sue in small claims, and what you need for each case.

Suing a Contractor

Contractors are one of the top defendants in small claims court. They took your deposit and vanished. They did bad work and won't fix it. They billed you for materials they never used.

For these cases, photos are critical. Before and after shots of the work. The original quote or contract. Texts about what was supposed to happen. A written estimate from another contractor showing the cost to finish or repair the job.

Suing a Gym

Gym membership disputes are very common. You canceled and they kept charging. They refused to cancel without a fee you never agreed to. They closed a location without giving you a refund.

Bring the original contract, your bank statements showing every charge, and any written record of your cancellation request. If they kept billing you after you canceled in writing, that's strong proof.

Suing a Moving Company

Movers damage your belongings. They quote one price and bill a higher one. They hold your stuff until you pay extra.

For local or in-state moves, small claims works well. Take photos of everything before the move. Make a home inventory list with values. That way, you have proof of what existed and what it was worth.

Suing a Retailer

You bought something broken and the store won't refund you. They shipped the wrong item. They charged you for a subscription you canceled months ago.

Online retailers are fully suable. You can sue where you live or where the company has an office. Bring order records, return request screenshots, and any chat logs with customer service.

What Happens at the Hearing

Small claims hearings are short. Most run 15 to 30 minutes. No jury. Just a judge.

You go first. Explain what happened. Stick to the facts. Tell the judge what was owed, what the company did instead, and what you're asking for. Show your evidence.

The company's rep goes next. They might deny facts, dispute the amount, or argue partial fault.

The judge asks questions. Then rules. Sometimes right there. Sometimes by mail a few days later.

If you win, you get a judgment. That's a court order saying the company owes you money. Most companies pay quickly once a judgment is on record. If they don't, you can garnish their bank accounts, put a lien on business assets, or get a writ of execution.

What If the Company Doesn't Show Up?

If the company was properly served and skips the hearing, you'll likely get a default judgment. That's a win for you because the other side didn't defend themselves.

This happens more with companies than with people. Bigger businesses sometimes decide the dispute amount is less than the cost of a lawyer. Their loss is your win.

Can a Company Countersue You?

Yes. A company can file a counterclaim. If you sue a contractor for bad work and they claim you blocked them from finishing, they might countersue for the rest of the bill.

This is rare. But it happens. Think about what arguments the company might make before your hearing. Review your contract. Be ready to defend your side, not just present it.

Why Start With a Demand Letter

Many states require you to try to resolve the dispute before filing. Even where it's not required, showing that you tried looks good to the judge.

A demand letter creates a paper trail. It shows you acted in good faith. It gives the company a chance to pay. And in 7 out of 10 cases, it works before you ever enter a courthouse.

If you're ready to start, PettyLawsuit sends demand letters instantly with certified mail tracking. Starting at $29. If the letter doesn't work, you'll have your paper trail ready for court.

Also check out our full guide: how to sue someone in small claims court.

Frequently Asked Questions

Can you sue a company in small claims court?

Yes. You can sue any business in small claims court as long as the amount is within your state's limit. Name the business by its legal name. Serve the registered agent. Show up to the hearing.

How do I find a company's registered agent?

Go to your state's Secretary of State website. Use the free business search tool. Type in the company name. The registered agent's name and address will show up. This is public info and free to access.

What is the most I can sue a company for?

It depends on your state. Limits range from $2,500 in Kentucky to $25,000 in Tennessee. Most states are between $5,000 and $12,500. Check your state's current cap before you file.

Do I need a lawyer to sue a company in small claims court?

No. Small claims is built for people without lawyers. Many states don't even allow lawyers in small claims hearings. You represent yourself. The judge runs the process.

What if the company sends a lawyer?

Many states ban lawyers from small claims hearings. If your state is one of them and the company shows up with a lawyer, the judge will likely send them away or offer you a new date.

Can I sue an LLC in small claims court?

Yes. An LLC is a legal entity that can be sued just like a corporation. Name the LLC. Serve the registered agent. The process is the same as with any company.

How long does a small claims case take?

Filing to hearing usually takes 30 to 70 days. If the company pays right after you win, you're done. If they appeal or refuse to pay, it takes longer. Most cases end within a few months.

What if I win but the company won't pay?

You can use legal tools to collect. Garnish the company's bank account. Put a lien on their assets. Ask the court for a writ of execution. Most companies pay fast once a judgment is on record to avoid these steps.