How to Take Someone to Small Claims Court

Taking someone to small claims court involves 7 key steps: 1) Determine if your case qualifies — your dispute must involve monetary damages within your state's limit ($2,500-$25,000). 2) Identify the defendant and correct court — file in the county where the defendant lives or where the incident occurred. 3) Gather your evidence — collect contracts, receipts, photos, emails, and text messages. 4) Send a formal demand letter — this is required in many states and resolves approximately 70% of disputes. 5) File your complaint with the court clerk and pay the filing fee ($25-$100). 6) Serve the defendant with copies of the complaint and hearing notice. 7) Prepare for and attend the hearing. PettyLawsuit automates steps 1-6 in just 5 minutes for $29.

Types of Cases You Can Bring

Breach of contract, unpaid debts and loans, security deposit disputes, property damage, defective products or services, auto accident damage (property only), unpaid wages or freelance work, landlord-tenant disputes.

Evidence Checklist

Contracts and written agreements, invoices and receipts, photos and videos of damage, email and text correspondence, bank statements and payment records, witness statements, repair estimates, medical records (if applicable), police reports, delivery confirmations.

Common Mistakes to Avoid

Suing the wrong person or entity, not sending a demand letter first, missing the statute of limitations, insufficient evidence, improper service of process, exceeding your state's small claims limit.

Frequently Asked Questions

How long does it take? 30-70 days from filing to hearing. How much does it cost? $25-$100 in filing fees. Do I need a lawyer? No. What if the defendant doesn't show up? You'll likely win a default judgment. Can I sue someone from another state? Yes, but you generally must file where the defendant lives.