Small claims, plainly explained
You were wronged. Here is the next step.
Filing a small claims case is a court process, not a shortcut. This guide gives you the order of operations, the questions to ask, and the places where local rules matter.
Petty helps prepare and organize information. A court decides whether to accept a filing, sets deadlines, and decides the case.
The short answer
What do you need to file?
You need a legally recognized claim, the correct defendant and court, the court's current forms, supporting evidence, the required fee or waiver request, and proper service. The exact requirements come from the court where you file.
Choose your next tool
Can you file online?
Read the state-by-state editorial guide for online filing availability and court caveats.
Read the filing guideWhat might the court charge?
Use the state fee reference, then confirm the amount with the court before filing.
Read filing fees by stateLooking for interactive support? Use the online filing support resource or use the interactive cost resource by state.
The filing checklist
Eight steps. No mystery.
Treat this as a planning map. Your court's instructions control if they differ.
Check whether small claims fits
Confirm that your dispute is the kind of civil claim your local small claims court hears and that the amount is within its current limit. Rules are local.
Choose the right court
Look up venue rules. The correct court may depend on where the defendant lives, where a business operates, where a contract was made, or where the harm occurred.
Make the facts easy to follow
Write a short timeline, name the person or business correctly, calculate the amount you are asking for, and gather documents that support each part of the claim.
Send a clear demand when appropriate
A written request can explain what you want and give the other side a chance to respond. Some claims or courts require a pre-suit notice. Verify before filing.
Use the court's current forms
Download forms from the official court website or get them from the clerk. Petty can help you prepare your information, but the court decides whether a filing is accepted.
File and pay, or request a waiver
Follow the court's filing instructions. Online filing may be available in some courts and unavailable in others. Ask about a fee waiver if you cannot afford the fee.
Serve the defendant correctly
Filing is not the same as service. Use only a permitted server and method, meet the deadline, and file proof of service if the court requires it.
Prepare for the hearing
Bring the evidence the court permits, organized in a simple timeline. Address the judge clearly, answer the other side, and follow the court's local hearing instructions.
Evidence that earns its place
Use the agreement, invoice, receipt, photos, messages, repair estimate, or other record that proves a specific fact. Label it and connect it to your timeline.
Service is a separate step
Do not assume filing notifies the other side. The permitted server, method, deadline, and proof of service are set by local rules.
Limits are not universal
Claim limits, filing fees, appeal rules, lawyer rules, and collection procedures vary. Confirm each one with the relevant court.
Ready to make the facts orderly?
Petty can guide you through your story and help prepare a clear starting point. It does not file or guarantee acceptance.
Questions people ask before filing
Frequently asked questions
Do I need a lawyer for small claims court?
Often, no. Small claims is designed for people who represent themselves, but whether a lawyer may appear depends on the jurisdiction and the type of case. Check the official court rules for your location. Petty can help you organize facts and prepare materials. Petty is not a law firm and cannot represent you in court.
What does it cost to file a small claims case?
The filing fee, service fee, fee-waiver rules, and other costs vary by court and claim amount. Use the official court fee schedule for the court where you plan to file. Do not rely on a nationwide estimate.
How long does small claims take?
There is no reliable nationwide timeline. The court sets a hearing date after filing, and service deadlines vary. Your court clerk or official court website can tell you the current local schedule and deadlines.
Can I sue a business in small claims court?
Usually, a business can be a defendant, but you must identify it by the correct legal name and serve it using the method your court allows. Confirm venue, claim limits, and business service rules with the official court or business registry.
What happens after I win?
A judgment does not always mean immediate payment. Collection tools and procedures differ by jurisdiction. Ask the court about post-judgment steps, exemptions, deadlines, and available enforcement forms.