Knowledge Base

Small Claims CourtMade Simple

Everything you need to know about filing, winning, and collecting. No lawyer required.

50
States Covered
5 min
To File
$29
Flat Fee
85%
Success Rate

Most Asked Questions

Quick answers to get you started

How do I sue someone in small claims court?

To sue in small claims court: 1) Gather evidence, 2) Send a demand letter, 3) File court forms, 4) Pay filing fee ($30-75), 5) Serve the defendant, 6) Attend hearing. PettyLawsuit automates steps 1-5 in 5 minutes for $29. No lawyer required.

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How much can I sue for in small claims court?

Small claims limits vary by state: California ($12,500), Texas ($20,000), New York ($10,000), Florida ($8,000), Illinois ($10,000). Most states range from $2,500 to $25,000. PettyLawsuit automatically checks your state's limit and advises appropriate claim amounts.

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How much does PettyLawsuit cost?

PettyLawsuit costs $29 per case for document preparation, demand letters, and USPS Certified Mail delivery. Court filing fees ($30-75) are separate. Total cost is typically under $120 to pursue a complete small claims case.

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All Questions

21 questions

Still have questions?

Start your case and our system will guide you through every step. It only takes 5 minutes.

Ready to Take Action? Here Is How to Get Started

Two things to know before you click "start your case."

The 5-minute guided process

If you have read through these FAQs and believe you have a valid claim, the next step is simpler than you might think. PettyLawsuit walks you through a guided process that takes about five minutes: you describe your dispute, upload any evidence you have (photos, receipts, screenshots of text messages), and our platform automatically generates the correct court forms and a professionally drafted demand letter for your specific state and jurisdiction. There is no legal jargon to decipher and no courthouse visits required to get started.

Most cases settle before court

Most disputes are resolved after the demand letter alone - in our experience, roughly 78% of cases settle before ever reaching a courtroom. That means the person or business that owes you money sees a formal, certified legal demand and decides it is easier to pay than to fight. For the cases that do proceed to a hearing, you will have all your documentation organized and court-ready, giving you the strongest possible position in front of a judge. The entire process from start to finish typically costs under $120, compared to thousands of dollars for hiring an attorney.

The Full Process

Understanding the Small Claims Court Process From Start to Finish

The four stages of every small claims case.

01

Know your state limits

Small claims court is a streamlined division of the civil court system specifically designed for disputes involving relatively small amounts of money. The exact dollar limit varies by state - California caps claims at $12,500 for individuals, Texas allows up to $20,000, and New York limits claims to $10,000 - but the underlying principle is the same everywhere: provide ordinary citizens with a fast, affordable way to resolve financial disputes without hiring an attorney. Cases typically take 30 to 60 days from filing to hearing, and the entire process is designed to be accessible to people with no legal training.

02

Send the demand letter

The first step in any small claims case is sending a demand letter. This is a formal written notice to the person or company that owes you money, explaining what they owe, why they owe it, and what will happen if they do not pay. Many states actually require a demand letter before you can file a lawsuit, and in our experience, roughly 78% of disputes are resolved at this stage without ever needing to go to court. A well-written demand letter on professional letterhead, sent via certified mail with return receipt requested, demonstrates that you are serious about pursuing your claim and gives the other party a final opportunity to settle before facing a judge.

03

File and serve the defendant

If the demand letter does not resolve your dispute, the next step is filing your claim with the appropriate court. This involves completing the correct court forms for your jurisdiction, paying a filing fee (typically between $30 and $75 depending on your state and claim amount), and formally serving the defendant with notice of the lawsuit. Service of process means delivering copies of your court paperwork to the defendant in a legally recognized way - usually through a process server, certified mail, or in some states by having the sheriff's office deliver the documents. Proper service is critical because if the defendant is not properly notified, the court cannot proceed with your case.

04

Show up for your hearing

On the day of your hearing, you will present your case directly to a judge or magistrate. There is no jury in small claims court, and the rules of evidence are relaxed compared to higher courts. Bring all your documentation: the original contract or agreement, receipts, photographs, screenshots of text messages or emails, and any witness statements that support your claim. The judge will listen to both sides, ask questions, and usually render a decision either immediately or within a few days. If you win, the court will issue a judgment ordering the defendant to pay you the amount owed plus, in many cases, your filing fees and interest.

Quick Answer: Small claims court lets you sue for up to $25,000 (varies by state) without a lawyer. Cases take 30-60 days, cost under $120 total, and have 60-80% success rates with proper documentation. PettyLawsuit prepares everything in 5 minutes for $29.

Frequently asked questions

What is a demand letter and do I need one?

A demand letter is a formal notice requesting payment before court action. Most states require it. The letter states your claim, evidence, amount owed, and deadline to pay (usually 14-30 days). PettyLawsuit creates and sends professional demand letters via certified mail or email.

Do I need evidence to win a small claims case?

Yes, evidence is crucial. Strong evidence includes contracts, receipts, photos, emails, texts, witness statements, and repair estimates. The plaintiff must prove their case by 'preponderance of evidence' (more likely than not). PettyLawsuit helps organize and timestamp all evidence.

What are small claims court filing fees?

Court filing fees vary by state and claim amount. California: $30-75, Texas: $54-84, New York: $15-20, Florida: $55-300. These are paid directly to the court. If you win, the defendant usually must reimburse your filing fees.

Is PettyLawsuit cheaper than hiring a lawyer?

Yes, significantly. Lawyers charge $200-500 per hour, totaling $2,000-5,000 for small claims cases. PettyLawsuit costs $29 flat fee. Small claims court is designed for self-representation, making lawyers unnecessary for most cases.

Can I sue my landlord for not returning my security deposit?

Yes, security deposit disputes are perfect for small claims court. Document move-in/move-out conditions with photos, keep all receipts, and written communications. Many states allow double or triple damages for wrongfully withheld deposits. File within your state's statute of limitations (typically 1-3 years).

Can I sue an airline for delayed or cancelled flights?

Yes, you can sue airlines for damages from delays, cancellations, lost baggage, or overbooking. Document all expenses (hotels, meals, transportation), keep boarding passes, and screenshot flight status. EU regulations allow up to €600; US claims vary based on actual damages.

Can I sue someone for owing me money?

Yes, unpaid debts are the most common small claims cases. You need proof of the debt: written agreements, texts acknowledging debt, payment history, or witness testimony. Include interest if allowed in your state. Most debts have 3-6 year statute of limitations.

Can I sue a contractor for bad work?

Yes, you can sue contractors for incomplete work, poor quality, or breach of contract. Document the issues with photos, get repair estimates from other contractors, keep all contracts and receipts. Claims can include repair costs, additional expenses, and sometimes punitive damages.

Can I sue for emotional distress in small claims court?

Emotional distress alone is rarely successful in small claims court. You need accompanying physical injury or property damage. Some states allow it for extreme cases (harassment, discrimination). Focus on quantifiable damages like medical bills, lost wages, or property damage.

How long does a small claims court case take?

Total timeline: 30-60 days typically. Demand letter response: 14-30 days. Court hearing scheduled: 2-4 weeks after filing. Judgment: immediate after hearing. Collection: varies if defendant doesn't pay voluntarily. PettyLawsuit streamlines documentation to 5 minutes.

What happens at a small claims court hearing?

Small claims hearings are informal, lasting 15-30 minutes. You present your case, show evidence, question witnesses. The defendant responds. The judge asks questions and decides immediately or within days. No lawyers or jury. Dress professionally and be organized.

How do I collect money after winning?

If the defendant doesn't pay voluntarily, collection options include: wage garnishment (up to 25% of disposable income), bank account levy, property lien, asset seizure. Court provides forms for these. Some states offer judgment collection assistance. PettyLawsuit provides collection guidance.

Is PettyLawsuit a law firm?

No, PettyLawsuit is not a law firm and doesn't provide legal advice. We're a self-help document preparation service that automates legal paperwork. We cannot represent you in court or give legal opinions. For complex cases, consult an attorney.

What states does PettyLawsuit work in?

PettyLawsuit works in all 50 US states plus Washington DC. We automatically determine correct forms, venues, and procedures for your state. Each state's specific requirements, limits, and deadlines are built into our platform.

How does PettyLawsuit find business information?

We use official state databases, secretary of state records, and business registries to find registered agents, legal addresses, and entity information. This ensures proper service to businesses, which is crucial for valid legal action. Manual search would take hours; we do it instantly.

What happens to my data and evidence?

Your data is encrypted and stored securely. Evidence files are hashed with SHA-256 for integrity verification. We never share your information except as required for legal service (like sending demand letters). You can delete your data anytime. See our privacy policy for details.

What percentage of small claims cases win?

Plaintiffs win approximately 60-80% of small claims cases when properly documented. Cases with strong evidence (contracts, receipts, photos) have 90%+ success rates. Many cases (30-40%) settle after demand letters without going to court.

Should I accept a settlement offer?

Consider accepting if the offer is 70%+ of your claim. Factor in: time saved avoiding court, guaranteed payment vs judgment risk, collection difficulties, and court costs. Settlements are final and binding. Get settlement agreements in writing before dismissing your case.