How to Sue Restaurants in Small Claims Court - Complete Guide. Sue restaurants in small claims for food poisoning, wrong orders, overcharging, or injuries. Document with receipts, photos, medical records. Most cases settle $100-$5,000. When suing restaurants, documentation is critical. Keep all contracts, receipts, invoices, photos, emails, and text messages. Send a formal demand letter before filing - PettyLawsuit generates and mails demand letters for $29. Many disputes with restaurants are resolved after receiving a professional demand letter. If you need to proceed to court, you'll file in your local small claims court. Limits vary by state from $2,500 to $25,000. Filing fees range from $30 to $200. PettyLawsuit helps you prepare all court documents and understand the serving process. At your hearing, present your evidence clearly and bring copies for the judge. Most restaurants cases are decided same-day.